The military tribunal law written by McCain and a few other senators in 2006 said that military tribunals could sentence unlawful combatants to 20 years for seriously wounding a US/allied soldier in combat, and to the death penalty for killing a US/allied soldier in combat.
(13) Intentionally Causing Serious Bodily Injury.
a. Text. "Any person subject to this chapter who intentionally causes serious bodily injury to one or more persons, including lawful combatants
, in violation of the law of war shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct."
(1) The accused caused serious injury to the body or health of one or more persons;
(2) The accused intended to inflict such serious injury upon the person or persons;
(3) The injury was done with unlawful force or violence;
(4) The serious bodily injury inflicted by the accused was in violation of the law of war; and
(5) The conduct took place in the context of and was associated with armed conflict.
c. Definition. Serious Bodily Injury Defined.-- the term ‘serious bodily injury’ means bodily injury which involves--
(i) a substantial risk of death;
(ii) extreme physical pain;
(iii) protracted and obvious disfigurement; or
(iv) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
d. Comment. For the accused to have been acting in violation of the law of war, the accused must have taken acts as a combatant without having met the requirements for lawful combatancy. It is generally accepted international practice that unlawful enemy combatants may be prosecuted for offenses associated with armed conflicts, such as murder; such unlawful enemy combatants do not enjoy combatant immunity because they have failed to meet the requirements of lawful combatancy under the law of war
e. Maximum punishment. Death, if the death of any person occurs as a result of the serious bodily injury. Otherwise, 20 years confinement.