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- Title
Combatant Status Review Tribunals and the Unique Nature of the War on Terror.
- Authors
Peal, Robert A
- Abstract
The article examines the procedures currently used by the U.S. to determine whether an individual qualifies as an enemy combatant. It is argued that despite America's involvement in a literal war against terror, it is difficult to apply purely law of war norms to suspected terrorists inside the U.S. The baseline law of armed conflict allows adversary combatants to be killed or detained indefinitely. A common criticism of the way U.S. Administration has handled enemy combatants is that he has failed to provide an Article V determination as to whether the detainees should be classified as prisoners of war under the Geneva Conventions.
- Subjects
UNITED States; TERRORISM; WAR (International law); WAR victims; SURRENDER (Military); MILITARY law
- Publication
Vanderbilt Law Review, 2005, Vol 58, Issue 5, p1629
- ISSN
0042-2533
- Publication type
Article