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Author: Sibylle Scheipers
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 284
ISBN-13: 0199646112
DOWNLOAD EBOOK →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'.
Author: Fouad Sabry
Publisher: One Billion Knowledgeable
Published: 2024-06-22
Total Pages: 176
ISBN-13:
DOWNLOAD EBOOK →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: Alena Angelovicova
Publisher: GRIN Verlag
Published: 2007-11-26
Total Pages: 24
ISBN-13: 3638865355
DOWNLOAD EBOOK →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.
Author: Colleen E. Hardy
Publisher: LFB Scholarly Publishing
Published: 2009
Total Pages: 250
ISBN-13: 9781593325718
DOWNLOAD EBOOK →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: Dorte Hühnert
Publisher: LIT Verlag Münster
Published: 2016
Total Pages: 307
ISBN-13: 3643906900
DOWNLOAD EBOOK →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]
Author: Anne Orford
Publisher: Cambridge University Press
Published: 2006-11-02
Total Pages: 401
ISBN-13: 1139460390
DOWNLOAD EBOOK →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: Mark David Max Maxwell
Publisher:
Published: 2010
Total Pages:
ISBN-13:
DOWNLOAD EBOOK →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.
Author: Alena Angelovicova
Publisher: GRIN Verlag
Published: 2009-08-24
Total Pages: 24
ISBN-13: 3640408020
DOWNLOAD EBOOK →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.
Author: Jelena Plamenac
Publisher: BRILL
Published: 2021-11-29
Total Pages: 295
ISBN-13: 9004470557
DOWNLOAD EBOOK →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.
Author: Hussein Salama
Publisher:
Published: 2015
Total Pages: 92
ISBN-13:
DOWNLOAD EBOOK →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.
