‘‘(B) military personnel placed hors de 
combat by sickness, wounds, or detention; and 
‘‘(C) military medical or religious per-
sonnel. 
‘‘(3) PROTECTED PROPERTY.—The term ‘pro-
tected property’ refers to property specifically pro-
tected by the law of war (such as buildings dedicated 
to religion, education, art, science or charitable pur-
poses, historic monuments, hospitals, or places 
where the sick and wounded are collected), if such 
property is not being used for military purposes or 
is not otherwise a military objective. Such term in-
cludes objects properly identified by one of the dis-
tinctive emblems of the Geneva Conventions. 
‘‘(4) CONSTRUCTION.—The intent specified for 
an offense under paragraph (1), (2), (3), (4), or 
(12) of subsection (b) precludes the applicability of 
such offense with regard to— 
‘‘(A) collateral damage; or 
‘‘(B) death, damage, or injury incident to 
a lawful attack. 
‘‘(b) OFFENSES.—The following offenses shall be tri-
able by military commission under this chapter at any 
time without limitation: 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(1) MURDER OF PROTECTED PERSONS.—An 
alien unlawful enemy combatant who intentionally 
kills one or more protected persons is guilty of the 
offense of intentionally killing a protected person 
and shall be subject to whatever punishment a com-
mission may direct, including the penalty of death. 
‘‘(2) ATTACKING CIVILIANS.—An alien unlawful 
enemy combatant who intentionally engages in an 
attack upon a civilian population as such or indi-
vidual civilians not taking active part in hostilities is 
guilty of the offense of attacking civilians and shall 
be subject to whatever punishment a commission 
may direct, including, if death results to one or more 
of the victims, the penalty of death. 
‘‘(3) ATTACKING CIVILIAN OBJECTS.—An alien 
unlawful enemy combatant who intentionally en-
gages in an attack upon property that is not a mili-
tary objective shall be guilty of the offense of attack-
ing civilian objects and shall be subject to whatever 
punishment a commission may direct. 
‘‘(4) ATTACKING PROTECTED PROPERTY.—An 
alien unlawful enemy combatant who intentionally 
engages in an attack upon protected property shall 
be guilty of the offense of attacking protected prop-
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erty and shall be subject to whatever punishment a 
commission may direct. 
‘‘(5) PILLAGING.—An alien unlawful enemy 
combatant who intentionally and in the absence of 
military necessity appropriates or seizes property for 
private or personal use, without the consent of a 
person with authority to permit such appropriation 
or seizure, shall be guilty of the offense of pillaging 
and shall be subject to whatever punishment a com-
mission may direct. 
‘‘(6) DENYING
QUARTER.—An alien unlawful 
enemy combatant who, with effective command or 
control over subordinate groups, declares, orders, or 
otherwise indicates to those forces that there shall 
be no survivors or surrender accepted, with the in-
tent therefore to threaten an adversary or to conduct 
hostilities such that there would be no survivors or 
surrender accepted, shall be guilty of denying quar-
ter and shall be subject to whatever punishment a 
commission may direct. 
‘‘(7) TAKING
HOSTAGES.—An alien unlawful 
enemy combatant who, having knowingly seized or 
detained one or more persons, threatens to kill, in-
jure, or continue to detain such person or persons 
with the intent of compelling any nation, person 
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other than the hostage, or group of persons to act 
or refrain from acting as an explicit or implicit con-
dition for the safety or release of such person or per-
sons, shall be guilty of the offense of taking hostages 
and shall be subject to whatever punishment a com-
mission may direct, including, if death results to one 
or more of the victims, the penalty of death. 
‘‘(8) EMPLOYING POISON OR ANALOGOUS WEAP-
ONS.—An alien unlawful enemy combatant who in-
tentionally, as a method of warfare, employs a sub-
stance or a weapon that releases a substance that 
causes death or serious and lasting damage to health 
in the ordinary course of events, through its asphyx-
iating, bacteriological, or toxic properties, shall be 
guilty of employing poison or analogous weapons and 
shall be subject to whatever punishment a commis-
sion may direct, including, if death results to one or 
more of the victims, the penalty of death. 
‘‘(9) 
USING
PROTECTED
PERSONS
AS 
SHIELDS.—An alien unlawful enemy combatant who 
positions, or otherwise takes advantage of, a pro-
tected person with the intent to shield a military ob-
jective from attack or to shield, favor, or impede 
military operations, shall be guilty of the offense of 
using protected persons as shields and shall be sub-
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