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Unlawful Combatant
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Book Synopsis Unlawful Combatants by : Sibylle Scheipers
Download or read book Unlawful Combatants written by Sibylle Scheipers and published by Oxford University Press, USA. This book was released on 2015 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Download or read book Unlawful Combatant written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-06-22 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Detention of Unlawful Enemy Combatants During the War on Terror by : Colleen E. Hardy
Download or read book The Detention of Unlawful Enemy Combatants During the War on Terror written by Colleen E. Hardy and published by LFB Scholarly Publishing. This book was released on 2009 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Lawful and unlawful combatants by : Alena Angelovicova
Download or read book Lawful and unlawful combatants written by Alena Angelovicova and published by GRIN Verlag. This book was released on 2007-11-26 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2007 in the subject Law - European and International Law, Intellectual Properties, grade: 66 %, University of Westminster, course: International Law, 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.
Book Synopsis International Law and its Others by : Anne Orford
Download or read book International Law and its Others written by Anne Orford and published by Cambridge University Press. This book was released on 2006-11-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis New Kind of War - New Kind of Detention? by : Dorte Hühnert
Download or read book New Kind of War - New Kind of Detention? written by Dorte Hühnert and published by LIT Verlag Münster. This book was released on 2016 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the Bush administration 9/11 started a new kind of war. In reaction to the attacks the president and his legal advisors created the term unlawful enemy combatant in addition to the Geneva Conventions' distinction of combatants and civilians. Alluding to international law, the term suggests legality and seeks to legitimize a new kind of detention, yet leading to the torture scandal and Guantanamo Bay Detention Camp. This empirical study traces the term's development throughout the first year after 9/11 and reveals the legitimation strategies for detainee treatment of the Bush administration. (Series: Studies on Peace Research / Studien zur Friedensforschung, Vol. 19) [Subject: Politics]
Book Synopsis Unlawful Enemy Combatant by : Mark David Max Maxwell
Download or read book Unlawful Enemy Combatant written by Mark David Max Maxwell and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Military Commissions Act of 2006 represents the United States most recent effort to establish a forum to try detainees captured in its Global War on Terrorism . This article briefly explores the Act's use of the term unlawful enemy combatant to define both subject matter jurisdiction as well as the potential source of criminal liability. The article highlights the term's absence from the positive law of war as well as confusion over its legal significance in United States domestic law. Examining the relationship between status and protections under the law of war, the authors conclude the Act's use of the term unlawful enemy combatant reflects legal convenience more than an objective assessment of the existing laws and customs of war.
Book Synopsis The significance of the distinction between lawful and unlawful combatants by : Alena Angelovicova
Download or read book The significance of the distinction between lawful and unlawful combatants written by Alena Angelovicova and published by GRIN Verlag. This book was released on 2009 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay aus dem Jahr 2007 im Fachbereich Jura - Sonstiges, University of Westminster, Sprache: Deutsch, 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.
Book Synopsis Unravelling Unlawful Confinement in Contemporary Armed Conflicts by : Jelena Plamenac
Download or read book Unravelling Unlawful Confinement in Contemporary Armed Conflicts written by Jelena Plamenac and published by BRILL. This book was released on 2021-11-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law protects against unlawful confinement only in international armed conflict. And yet most of unlawful detentions arise as governments and armed groups resort to violence in over 65% of armed conflicts today that are not of an international character. Where do we draw the line and how can international law better serve our right to liberty in contemporary armed conflicts? A captivating and brutally honest book that sheds the light on the plight of millions across nations.
Book Synopsis The Unlawful Combatant by : Hussein Salama
Download or read book The Unlawful Combatant written by Hussein Salama and published by . This book was released on 2015 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: The war on terror triggered a debate over the treatment of members of Al Qaeda captured by US forces. The central point of the paper is that this debate is merely the most recent iteration of a dialectic constitutive of international humanitarian law. Non-state combatants in warfare have always been the object of conflicting desires. The history of international humanitarian law could be seen as the history of different attempts to engage (by excluding or including) with an other, outside the combatant/civilian distinction. The Paper focuses on two contrasting approaches to engaging with this other, namely, the inclusive approach of the 1974-1977 Diplomatic Conferences in Geneva that lead to the promulgation of Additional Protocols I and II and the exclusionary experience with the war on terror.
Book Synopsis Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. ) by : Jennifer K. Elsea
Download or read book Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. ) written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2009-12 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2004, the U.S. Supreme Court ruled that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad. This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees¿ status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection with the war against terrorism.
Book Synopsis Habeas Corpus After 9/11 by : Jonathan Hafetz
Download or read book Habeas Corpus After 9/11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2012-08-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Book Synopsis Unlawful Combatants by : Sibylle Scheipers
Download or read book Unlawful Combatants written by Sibylle Scheipers and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Book Synopsis Unlawful Attacks in Combat Situations by : Héctor Olásolo
Download or read book Unlawful Attacks in Combat Situations written by Héctor Olásolo and published by BRILL. This book was released on 2007-11-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Death and destruction are unavoidable effects of war and combat situations. The fact that people have been killed or injured or property has been destroyed should not encourage anyone to rush to the conclusion that war crimes have been committed. On the contrary, before reaching such a conclusion, it is necessary to carefully analyze the conduct of the person causing death, injury or damage in order to ascertain whether such conduct is consistent with international humanitarian law. Technology, law and public opinion on what is acceptable has greatly evolved since World War II. The issue of civilian damage caused in combat operations has become an important topic in public opinion since Operation Desert Storm in 1991. Public pressure to limit incidental civilian damage has notably increased following the NATO aerial campaign in Kosovo in 1999 and the subsequent conflicts in Afghanistan in 2001, Iraq in 2003 and Lebanon 2006. Unlawful Attacks in Combat Situations focuses on the manner in which unlawful attacks launched during the conduct of hostilities have been dealt with in the Rome Statute of the International Criminal Court, the international treaty which, to date, deals most comprehensively with war crimes committed in international and non-international armed conflicts, and in the case law of the International Criminal Tribunal for the Former Yugoslavia, the first international judicial body that has investigated and prosecuted crimes committed during the conduct of hostilities since World War II.
Book Synopsis Internationalized Armed Conflicts in International Law by : Kubo Macak
Download or read book Internationalized Armed Conflicts in International Law written by Kubo Macak and published by Oxford University Press. This book was released on 2018-07-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Terrorism, the Laws of War, and the Constitution by : Peter Berkowitz
Download or read book Terrorism, the Laws of War, and the Constitution written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.
Book Synopsis The Treatment of Combatants and Insurgents Under the Law of Armed Conflict by : Emily Crawford
Download or read book The Treatment of Combatants and Insurgents Under the Law of Armed Conflict written by Emily Crawford and published by Oxford University Press. This book was released on 2010-01-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
