alty of death. In this paragraph, the term ‘severe 
mental pain or suffering’ has the meaning given that 
term in section 2340(2) of title 18. 
‘‘(13) INTENTIONALLY CAUSING SERIOUS BOD-
ILY INJURY.—An alien unlawful enemy combatant 
who intentionally causes serious bodily injury to one 
or more persons, including lawful combatants, in vio-
lation of the law of war shall be guilty of the offense 
of causing serious bodily injury and shall be subject 
to whatever punishment a commission may direct, 
including, if death results to one or more of the vic-
tims, the penalty of death. In this paragraph, the 
term ‘serious bodily injury’ has the meaning given 
that term in section 113(b)(2) of title 18. 
‘‘(14) MUTILATING OR MAIMING.—An alien un-
lawful enemy combatant who intentionally injures 
one or more protected persons, by disfiguring the 
person or persons by any mutilation thereof or by 
permanently disabling any member, limb, or organ 
of his body, without any legitimate medical or dental 
purpose, shall be guilty of the offense of mutilation 
or maiming and shall be subject to whatever punish-
ment a commission may direct, including, if death 
results to one or more of the victims, the penalty of 
death. 
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‘‘(15) MURDER IN VIOLATION OF THE LAW OF 
WAR.—An alien unlawful enemy combatant who in-
tentionally kills one or more persons, including law-
ful combatants, in violation of the law of war shall 
be guilty of the offense of murder in violation of the 
law of war and shall be subject to whatever punish-
ment a commission may direct, including the penalty 
of death. 
‘‘(16) DESTRUCTION OF PROPERTY IN VIOLA-
TION
OF
THE
LAW
OF
WAR.—An alien unlawful 
enemy combatant who intentionally destroys prop-
erty belonging to another person in violation of the 
law of war shall be guilty of the offense of destruc-
tion of property in violation of the law of war and 
shall be subject to whatever punishment a commis-
sion may direct. 
‘‘(17) USING
TREACHERY
OR
PERFIDY.—An 
alien unlawful enemy combatant who, after inviting 
the confidence or belief of one or more persons that 
they were entitled to, or obliged to accord, protection 
under the law of war, intentionally makes use of 
that confidence or belief in killing, injuring, or cap-
turing such person or persons, shall be guilty of 
using treachery or perfidy and shall be subject to 
whatever punishment a commission may direct. 
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‘‘(18) IMPROPERLY USING A FLAG OF TRUCE.— 
An alien unlawful enemy combatant who uses a flag 
of truce to feign an intention to negotiate, sur-
render, or otherwise to suspend hostilities when 
there is no such intention, shall be guilty of improp-
erly using a flag of truce and shall be subject to 
whatever punishment a commission may direct. 
‘‘(19) IMPROPERLY USING A DISTINCTIVE EM-
BLEM.—An alien unlawful enemy combatant who in-
tentionally uses a distinctive emblem recognized by 
the law of war for combatant purposes in a manner 
prohibited by the law of war shall be guilty of im-
properly using a distinctive emblem and shall be 
subject to whatever punishment a commission may 
direct. 
‘‘(20) INTENTIONALLY
MISTREATING
A
DEAD 
BODY.—An alien unlawful enemy combatant who in-
tentionally mistreats the body of a dead person, 
without justification by legitimate military necessary, 
shall be guilty of the offense of mistreating a dead 
body and shall be subject to whatever punishment a 
commission may direct. 
‘‘(21) RAPE.—An alien unlawful enemy combat-
ant who forcibly or with coercion or threat of force 
wrongfully invades the body of a person by pene-
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trating, however slightly, the anal or genital opening 
of the victim with any part of the body of the ac-
cused or with any foreign object shall be guilty of 
the offense of rape and shall be subject to whatever 
punishment a commission may direct. 
‘‘(22) HIJACKING OR HAZARDING A VESSEL OR 
AIRCRAFT.—An alien unlawful enemy combatant 
subject to this title who intentionally seizes, exer-
cises unauthorized control over, or endangers the 
safe navigation of, a vessel or aircraft that was not 
a legitimate military target is guilty of the offense 
of hijacking or hazarding a vessel or aircraft 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. 
‘‘(23) TERRORISM.—An alien unlawful enemy 
combatant subject to this title who intentionally kills 
or inflicts great bodily harm on one or more persons, 
or intentionally engages in an act that evinces a 
wanton disregard for human life, in a manner cal-
culated to influence or affect the conduct of govern-
ment or civilian population by intimidation or coer-
cion, or to retaliate against government conduct, 
shall be guilty of the offense of terrorism and shall 
be subject to whatever punishment a commission 
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