An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.

The Geneva Conventions apply in wars between two or more sovereign states. Article 5 of the Third Geneva Convention states that the status of a detainee may be determined by a "competent tribunal." Until such time, he is to be treated as a prisoner of war. After a "competent tribunal" has determined that an individual detainee is an unlawful combatant, the "detaining power" may choose to accord the detained unlawful combatant the rights and privileges of a prisoner of war as described in the Third Geneva Convention, but is not required to do so. An unlawful combatant who is not a national of a neutral State, and who is not a national of a co-belligerent State, retains rights and privileges under the Fourth Geneva Convention so that he must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial."

A combatant is someone who takes a direct part in the hostilities of an armed conflict. If a combatant follows the law of war, then they are considered a privileged combatant, and upon capture they qualify as a prisoner of war under the Third Geneva Convention (GCIII). An unprivileged combatant is someone, such as a mercenary, who takes a direct part in the hostilities but who upon capture does not qualify for prisoner of war status.

The following categories of combatants qualify for prisoner-of-war status on capture:

For countries which have signed the "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts" (Protocol I), combatants who do not wear a distinguishing mark still qualify as prisoners of war if they carry arms openly during military engagements, and while visible to the enemy when they are deploying to conduct an attack against them.

There several types of combatants who do not qualify as privileged combatants:

Jordan Sekulow (born July 14, 1982 in Atlanta, Georgia) is an American lawyer, radio talk show host, Washington Post blogger and political consultant. In addition, he is the Executive Director at the American Center for Law & Justice (ACLJ), an international public interest law firm and educational organization founded by his father, Jay Sekulow, Chief Counsel for the ACLJ.

Sekulow graduated from George Washington University, receiving a bachelor's degree in political science. While there, he was a founding father of the Thetz Zeta chapter of the Pi Kappa Phi fraternity. He graduated with a J.D. from Regent University in 2009. Jordan also co-founded the Regent Journal of Law and Public Policy in 2008. Jordan has an LLM in International Human Rights Law from Georgetown University Law Center.

Sekulow is the host of The Jordan Sekulow Show, a daily talk show featuring prominent political guests such as Mitt Romney, Newt Gingrich, Michele Bachmann and Herman Cain. It airs on WAVA AM 780 and Sirius and XM Satellite networks. Along with his father, Jay Sekulow, Jordan co-hosts Jay Sekulow Live!, a syndicated daily radio program that airs on nearly 850 AM and FM stations nationwide, as well as on XM and Sirius Satellite networks. He is the co-host of ACLJ This Week, a weekly television news program broadcast on TBN and Daystar.

Mark Reed Levin (born September 21, 1957) is a lawyer, author and the host of American syndicated radio show The Mark Levin Show. Levin served in the administration of President Ronald Reagan and was a chief of staff for Attorney General Edwin Meese. He is president of the Landmark Legal Foundation, has authored bestselling books and contributes commentary to various media outlets such as National Review Online.

Mark Reed Levin was born to a Jewish family in Philadelphia, Pennsylvania and grew up in Cheltenham Township, Montgomery County, Pennsylvania. He graduated from Cheltenham High School after three years. After high school, Levin enrolled at Temple University Ambler including summer classes and graduated in 1977 at age 19, magna cum laude and Phi Beta Kappa. He also earned a juris doctorate from Temple University Beasley School of Law in 1980.

Beginning in 1981, Levin served as advisor to several members of President Ronald Reagan's cabinet, eventually becoming Associate Director of Presidential Personnel and ultimately Chief of Staff to Attorney General Edwin Meese; Levin also served as Deputy Assistant Secretary for Elementary and Secondary Education at the U.S. Department of Education, and Deputy Solicitor of the U.S. Department of the Interior.

Megyn Marie Kelly (born November 18, 1970), formerly known as Megyn Kendall, is an American journalist and news anchor employed by the Fox News Channel. Kelly currently hosts America Live from 1:00 PM to 3:00 PM EST live from the network’s New York City headquarters. She occasionally also co-hosts on America's Newsroom along with Bill Hemmer during the Fox Channel Network's Morning Line-Up at 10:00 AM EST. Since 2007, the two have hosted Fox News Channel's New Year's Eve special every year.

Kelly was nine years of age when her parents moved to Delmar, New York from Syracuse, New York. At Bethlehem Central High School, she played on the basketball and field hockey teams, as well as captaining the cheerleading squad. Kelly's father, who was on the staff of the University at Albany, died when she was 15. After high school, she pursued an undergraduate degree in Political Science from Syracuse University and later pursued a J.D. from Albany Law School; she served as an associate editor of the Albany Law Review while enrolled at Albany Law School. Kelly's first marriage to Daniel Kendall, an anesthesiologist, ended in divorce in 2006. In 2008 she married Douglas Brunt, the President and CEO of Authentium, at Oheka Castle in Huntington, New York. They have two children: Edward Yates Brunt (September 25, 2009) and Yardley Evans Brunt (April 15, 2011).