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Nonstate Actors And International Law: Just War Theory Or The Universal Declaration Of Human Rights?, Jason Lee Mitchell

UNLV Theses, Dissertations, Professional Papers, and Capstones

There is a debate taking place within the global war on terror (GWT), and its legal and moral parameters are established by two basic arguments. The first is that “Citizens who associate themselves with the military arm of the enemy government, and with its aid, guidance and direction enter this country bent on hostile acts are enemy belligerents within the meaning of the Hague Convention and the law of war” (Ex parte Quirin, 37). The second is that an “Enemy combatant” is a general category that subsumes two sub-categories: lawful and unlawful combatants. The conclusion as it currently stands is …