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Author: Fouad Sabry
Publisher: One Billion Knowledgeable
ISBN:
Category : Political Science
Languages : en
Pages : 176
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Book Description
What is Unlawful Combatant A person who directly engages in armed conflict in contravention of the rules of war and is therefore alleged to not be protected by the Geneva Conventions is referred to as an unlawful combatant, an illegal combatant, or an unprivileged combatant/belligerent. Any of these terms refer to the same individual.It has been brought to the attention of the International Committee of the Red Cross that the terms "unlawful combatant," "illegal combatant," and "unprivileged combatant/belligerent" are not articulated in any of the international accords that have been established. Additionally, the phrase "illegal combatant" does not occur in the Third Geneva Convention, despite the fact that the notion of an unlawful combatant is covered in the agreement. There are certain circumstances that can qualify a person for the status of prisoner of war, and Article 4 of the Third Geneva Convention does identify those circumstances. Other international treaties prohibit mercenaries and youngsters from being considered lawful combatants. These accords make this distinction. How you will benefit (I) Insights, and validations about the following topics: Chapter 1: Unlawful combatant Chapter 2: Combatant Chapter 3: Enemy combatant Chapter 4: Ex parte Quirin Chapter 5: Combatant Status Review Tribunal Chapter 6: Hamdan v. Rumsfeld Chapter 7: Competent tribunal Chapter 8: Extrajudicial prisoners of the United States Chapter 9: Detention (imprisonment) Chapter 10: Military Commissions Act of 2006 (II) Answering the public top questions about unlawful combatant. Who this book is for Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of Unlawful Combatant.
Author: Fouad Sabry
Publisher: One Billion Knowledgeable
ISBN:
Category : Political Science
Languages : en
Pages : 176
Get Book Here
Book Description
What is Unlawful Combatant A person who directly engages in armed conflict in contravention of the rules of war and is therefore alleged to not be protected by the Geneva Conventions is referred to as an unlawful combatant, an illegal combatant, or an unprivileged combatant/belligerent. Any of these terms refer to the same individual.It has been brought to the attention of the International Committee of the Red Cross that the terms "unlawful combatant," "illegal combatant," and "unprivileged combatant/belligerent" are not articulated in any of the international accords that have been established. Additionally, the phrase "illegal combatant" does not occur in the Third Geneva Convention, despite the fact that the notion of an unlawful combatant is covered in the agreement. There are certain circumstances that can qualify a person for the status of prisoner of war, and Article 4 of the Third Geneva Convention does identify those circumstances. Other international treaties prohibit mercenaries and youngsters from being considered lawful combatants. These accords make this distinction. How you will benefit (I) Insights, and validations about the following topics: Chapter 1: Unlawful combatant Chapter 2: Combatant Chapter 3: Enemy combatant Chapter 4: Ex parte Quirin Chapter 5: Combatant Status Review Tribunal Chapter 6: Hamdan v. Rumsfeld Chapter 7: Competent tribunal Chapter 8: Extrajudicial prisoners of the United States Chapter 9: Detention (imprisonment) Chapter 10: Military Commissions Act of 2006 (II) Answering the public top questions about unlawful combatant. Who this book is for Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of Unlawful Combatant.
Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1139460390
Category : Law
Languages : en
Pages : 401
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Book Description
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.
Author: Colleen E. Hardy
Publisher: LFB Scholarly Publishing
ISBN: 9781593323257
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the "new" enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay. Finally, she gives an historical overview of enemy combatants in previous United States wars and conflicts.
Author: Gary D. Solis
Publisher: Cambridge University Press
ISBN: 1107135605
Category : Law
Languages : en
Pages : 923
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Book Description
This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Author: Anisseh van Engeland
Publisher: Oxford University Press, USA
ISBN: 019974324X
Category : Law
Languages : en
Pages : 194
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Book Description
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.
Author: Emily Crawford
Publisher: Oxford University Press
ISBN: 0199578966
Category : History
Languages : en
Pages : 239
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Book Description
This book looks at why international law continues to make the legal distinction between persons who participate in an international or an internal armed conflict and, drawing on considerable legal precedent, legal theory, and the situation in Guantanamo Bay, it argues that it is time for the law of armed conflict to be applied more uniformly.
Author: Andrew Clapham
Publisher:
ISBN: 0199559694
Category : History
Languages : en
Pages : 1009
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Book Description
Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
Author: David K. Linnan
Publisher: Bloomsbury Publishing USA
ISBN: 0275998150
Category : Law
Languages : en
Pages : 407
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Book Description
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. Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence (popularly, terrorism and its claimed breeding ground in failed states), linked in practice to issues of intervention on the territory of states harboring such groups. In military circles the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq but also the treatment at the Guantanamo Bay facility of alleged Al Q'aeda captives from Afghanistan. All of the contributors in this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's many strengths can be attributed to the fact that the many facets of the ongoing debate are represented herein.
Author: Moazzam Begg
Publisher: The New Press
ISBN: 1595587330
Category : Biography & Autobiography
Languages : en
Pages : 418
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Book Description
When Enemy Combatant was first published in the United States in hardcover in 2006 it garnered sensational reviews, and its author was featured in the New York Times, the Los Angeles Times, on National Public Radio, and on ABC News. A second generation British Muslim, Begg had been held by the U.S. military for more than three years before being released without charge in January of 2005. His memoir is the first published account by a Guantánamo detainee of life inside the infamous prison. Writing in the Washington Post Book World, Jane Mayer described Enemy Combatant as “fascinating . . . Begg provides some ideological counterweight to the one-sided spin coming from the U.S. government. He writes passionately and personally, stripping readers of the comforting lie that somehow the detainees aren't really like us, with emotional attachments, intellectual interests and fully developed humanity.” Recommended by the Financial Times and Tikkun magazine and a ColorLines Editors' Pick of Post-9/11 Books, Enemy Combatant is “a forcefully told, up-to-the-minute political story . . . necessary reading for people on all sides of the issue” (Publishers Weekly, starred review).
Author: Kubo Macak
Publisher: Oxford University Press
ISBN: 0192551787
Category : Law
Languages : en
Pages : 321
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Book Description
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
