Unlawful Combatants

I wanted to know why officials in the USA had assigned the label 'unlawful
combatants' to irregular fighters captured in the 'war on terror' and what their
European counterparts thought about it. I wish to thank those who shared their
thoughts ...

Author: Sibylle Scheipers

Publisher: Oxford University Press, USA

ISBN: 0199646112

Category: Political Science

Page: 269

View: 933

The book investigates the emergence and the development of irregular fighters, such as guerrillas, rebels, insurgents, and terrorists throughout the history of modern war. It presents a historically based critique of the twenty-first century notion of the irregular fighter as an 'unlawful combatant'.

Lawful and unlawful combatants

Alena Angelovicova What is the significance of the distinction between lawful and
unlawful combatants? Illustrate your answer with examples. The scope of the
essay is to outline the significant distinctions between lawful and unlawful ...

Author: Alena Angelovicova

Publisher: GRIN Verlag

ISBN: 3638865355

Category: Law

Page: 21

View: 187

Essay from the year 2007 in the subject Law - European and International Law, Intellectual Properties, grade: 66 %, University of Westminster, course: International Law, 19 entries in the bibliography, language: English, abstract: The scope of the essay is to outline the significant distinctions between lawful and unlawful combatants and the consequences of such distinction in relation to the entitlement to the status of prisoners of war and legal responsibility. However, due to the lack of expressis verbis provision related to the term of unlawful combatants, the first the terminology will be considered. The distinctions between lawful and unlawful combatants will be illustrated with examples, mostly on war in Afghanistan. Furthermore, the status of unlawful and lawful combatants will be examined in relation to the internal armed conflict.

The Law of Armed Conflict

93 A characteristic of unlawful combatants is that upon capture they are not
entitled to POW status. “Unlawful combatant” has been described by an ICRC
legal advisor “as describing all persons taking a direct part in hostilities without
being ...

Author: Gary D. Solis

Publisher: Cambridge University Press

ISBN: 1139487116

Category: Law

Page:

View: 201

The Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.

Enemy Combatants Terrorism and Armed Conflict Law

The administration's initial blanket decision that the Guantanamo detainees were
unlawful combatants not only failed to meet the requirement of the Geneva
Conventions for individualized status determinations, but also resulted in great ...

Author: David K. Linnan

Publisher: ABC-CLIO

ISBN: 0275998142

Category: Law

Page: 400

View: 181

*How do you strike the balance in opposing national security to individual liberties and the rule of law, both internationally and domestically? *Beyond an individual liberties perspective, what does this entail in institutional or structural terms? *How does this tie into long-running changes in international law aspects, including legitimacy and the use of armed force? With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them.

The Treatment of Combatants and Insurgents Under the Law of Armed Conflict

Furthermore, unlawful combatants may be detained without trial26 and without
the privileges usually attendant on prisoners of war.27 US case law is not the
only place where this category is recognized.28 The Israeli parliament, the
Knesset, ...

Author: Emily Crawford

Publisher: Oxford University Press

ISBN: 0199578966

Category: History

Page: 213

View: 322

On the recent US treatment of detainees in Guantanamo Bay in the "War on Terror", this book draws on considerable legal precedent, legal theory, and policy arguments to make the case that it is time for the law relating to the regulation of armed conflicts to be more uniformly applied. Readership: Scholars of international humanitarian law, international human rights law, and international criminal law; post-graduate students; practitioners in these areas.

The Conduct of Hostilities Under the Law of International Armed Conflict

Lawful and unlawful combatants Entitlement to the status of a prisoner of war -
upon being captured by the enemy - is vouchsafed to every combatant , subject
to the conditio sine qua non that he is a lawful combatant . The distinction
between ...

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 9780521542272

Category: Law

Page: 275

View: 250

A companion volume to the author's textbook War, Aggression and Self-Defence, Third Edition (Cambridge 2001), this book focuses on issues arising in the course of hostilities between States, emphasizing the most recent conflicts in Iraq and Afghanistan. Main themes considered are lawful and unlawful combatants, war crimes (including command responsibility and defenses), prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Many specific topics that have attracted much interest in recent hostilities are also addressed. Also available: War, Aggression and Self-Defence 0-521-79344-0 Hardback $110.00 C 0-521-79758-6 Paperback $40.00 D

Killing Terrorists

International humanitarian law implicitly includes the concept of unlawful
combatant. It distinguishes between ... From a descriptive perspective, it makes
sense to describe the latter as 'unlawful combatants'?“ It is, however, misleading
to use ...

Author: Anna Goppel

Publisher: Walter de Gruyter

ISBN: 3110277271

Category: Philosophy

Page: 356

View: 989

The targeted killing of terrorists has become an established practice in the fight against terrorism. Anna Goppel analyses the justifiability of this practice, both from a moral and an international legal perspective. She shows that the targeted killing of terrorists can be justified only in very specific and rather theoretical cases. This seriously questions the practice as well as its increasing acceptance.

Civilian Or Combatant

B. Lawful and Unlawful/Unprivileged Combatants 1. Who Are Unlawful
Combatants? Several States have decided not to ratify Protocol I for various
reasons, one ofwhich is the relaxed criteria under Article 44 API. These States
refer solely to ...

Author: Anicée Van Engeland

Publisher: Oxford University Press

ISBN: 019974324X

Category: Law

Page: 172

View: 973

This title describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. It identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The author demonstrates that this branch of international law is in constant evolution.

Security and Civil Liberties

GUANTÁNAMO BAY: A REFLECTION ON THE LEGAL STATUS AND RIGHTS
OF 'UNLAWFUL ENEMY COMBATANTS' TERRY D. GILL* AND ELIES VAN
SLIEDREGT** 1. INTRODUCTION The question of the status and treatment of the
 ...

Author: A. M. Hol

Publisher: Intersentia nv

ISBN: 9050955088

Category: Law

Page: 165

View: 189


International Law and its Others

11 From 'savages' to 'unlawful combatants': a postcolonial look at international
humanitarian law's 'other' fr ́ed ́eric m ́egret∗ Je crois que le droit de la guerre
nous autorise `a ravager le pays et que nous devons le faire soit en d ́etruisant
les ...

Author: Anne Orford

Publisher: Cambridge University Press

ISBN: 1139460390

Category: Law

Page:

View: 493

Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

Global Alert

LAWFUL AND UNLAWFUL COMBATANTS In the current IHL framework,
individuals engaged in hostilities who are considered terrorists do not fit neatly
into the “civilian”or “combatant” category of actor. They actively participate in
hostilities, ...

Author: Boaz Ganor

Publisher: Columbia University Press

ISBN: 023153891X

Category: Political Science

Page: 240

View: 619

Many associate terrorism with irrational behavior and believe only lunatics could perpetuate such horrific acts. Global Alert debunks this myth by anatomizing the rationale behind modern terrorism. It draws a distinct picture of its root and instrumental causes and plots the different stages of a terrorist attack, from indoctrination and recruitment to planning, preparation, and launch. Global Alert also exposes the measured exploitation of democratic institutions by terrorists to further their goals. Despite its strong capabilities and extensive resources, the modern liberal-democratic state is nevertheless subject to the rules of war, which partially restrict the state's ability to operate and maneuver. Boaz Ganor shows how terrorist organizations exploit these values to paralyze or neutralize the states they oppose. In outlining this new "hybrid" terrorist organization and its activity in both the military–terrorist arena and the political–welfare arena, Ganor advances an international doctrine for governing military operations between state and nonstate actors as part of a new type of armed conflict termed "multidimensional warfare."

The Necessary Evil of Preventive Detention in the War on Terror

Israel's 2002 Unlawful Combatants Act In 2000 the Israeli Supreme Court held
that the EPDL of 1979 did not allow Israel to detain individuals who are not
themselves terrorist threats as “bargaining chips.”68 The Court held that the
particular ...

Author: Stephanie Cooper Blum

Publisher: Cambria Press

ISBN: 1604975660

Category: Law

Page: 260

View: 415

"This book explores the underlying rationales for preventive detention as a tool in this war on terror; analyzes the legal obstacles to creating a preventive detention regime; discusses how Israel and Britain have dealt with incapacitation and interrogation of terrorists; and compares several alternative ideas to the administration's enemy combatant policy under a methodology that looks at questions of lawfulness, the balance between liberty and security, and institutional efficiency. In the end, this book recommends using the Foreign Intelligence Surveillance Court to monitor a narrow regime of preventive detention only to be used under certain prescribed circumstances where interrogation and/or incapacitation are the justifications. This book is an essential reference for collections in American studies, political science, and national security studies."--BOOK JACKET.

Counterinsurgency Law

LAWFUL AND UNLAWFUL COMBATANTS In the current IHL framework, those
individuals engaged in hostilities who are considered terrorists do not fit neatly
into the “civilian” or “combatant” category of actor. They actively participate in ...

Author: William Banks

Publisher: Oxford University Press

ISBN: 0199311463

Category: Law

Page: 310

View: 757

In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.

2004 Logistics Demensions vol2

An unlawful combatant is an individual who is not authorized by a state that is
party to a conflict to take part in hostilities but does so anyway whereas a
noncombatant is a person who is not authorized to take an active role or direct
part in ...

Author:

Publisher: DIANE Publishing

ISBN: 1428993878

Category:

Page:

View: 543


Texts adopted at the third part of the 2003 ordinary session of the Parliamentary Assembly 23 27 June 2003

... conflict in Afghanistan , more than 600 combatants and non - combatants ,
including citizens from member states of the ... instead it designates them as “
unlawful combatants ” – a definition that is not contemplated by international law .
11 .

Author: Council of Europe

Publisher: Council of Europe

ISBN: 9789287152374

Category: Political Science

Page: 63

View: 897


Unchecked And Unbalanced

To overcome this long tradition, the Bush Administration created a cate— gory it
called “enemy combatants,” who could be ... A 1942 Supreme Court opinion used
the term in passing to define a different category of “unlawful combatants.

Author: Schwarz O.

Publisher: The New Press

ISBN: 1595587454

Category: Political Science

Page: 288

View: 298

Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

Principles of International Law

Unlawful combatants are likewise subject to capture and detention, but in
addition they are subject to trial and punishment ... seeking to gather military
information and communicate it to the enemy, or an enemy combatant who
without uniform ...

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584773251

Category: Law

Page: 461

View: 803

Kelsen, Hans. Principles of International Law. New York: Rinehart & Company, Inc. [1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-325-1. Cloth. $85. * Upon his retirement from the faculty of University of California at Berkeley in 1952, noted legal philosopher and political scientist Hans Kelsen [1881-1973] produced arguably this his most important work, "... a systematic study of the most important aspects of international law, including international delicts and sanctions, reprisals, the spheres of validity and the essential function of international law, creation and application of international law and national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973) Biographical Note and Bibliography," European Journal of International Law Vol. 9 (1998) No. 2.

International Humanitarian Law and Human Rights Law

2 The phrase “enemy combatants” is not based on a formal reading of the
Geneva Conventions. The term itself, and its corollaries (e.g., “unlawful
combatant” and “unprivileged combatant”) has little currency as a term of art in
the law of war; ...

Author: Roberta Arnold

Publisher: BRILL

ISBN: 9004163174

Category: Political Science

Page: 596

View: 829

Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.

The Struggle of Democracy Against Terrorism

Under international law, terrorists are unlawful combatants — that is, armed
fighters who conduct their warfare outside the legal framework by committing acts
that constitute a violation of the laws of war. In the matter of Ex parte Quirin, the
U.S. ...

Author: Emanuel Gross

Publisher: University of Virginia Press

ISBN: 9780813925318

Category: Political Science

Page: 291

View: 546

Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.

Judicial Review of National Security

... was unlawful and ordered their release.1 Immediately following the judgment,
upon the recommendation of the Ministry of Justice, the Knesset began the
process of enacting a law with regard to the imprisonment of unlawful combatants
, ...

Author: David Scharia

Publisher: Oxford University Press, USA

ISBN: 0199393362

Category: Law

Page: 278

View: 109

Here, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review.