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The War On Terrorism And International Humanitarian Law, Steven R. Ratner
The War On Terrorism And International Humanitarian Law, Steven R. Ratner
Articles
My focus today is on the broad question of the so-called "war on terrorism" and how it fits within the framework of the rules of international humanitarian law. Are these laws applicable? There have been a variety of claims since September 11th that humanitarian law needs some kind of revision. Some making this claim assert that the current legal regime is too generous to terrorists, while others insist that it is too generous to governments. The International Committee of the Red Cross (ICRC) has even convened various groups of experts to discuss this issue and the assumption among many has …
The Abu Ghraib Story, Jeffrey F. Addicott
The Abu Ghraib Story, Jeffrey F. Addicott
Faculty Articles
The purpose of this Article is to examine the facts associated with the prison abuse at Abu Ghraib and to discuss the applicable legal and policy lessons learned as a result of the scandal. Was the prison abuse a reflection of a systemic policy—either de jure or de facto—on the part of the United States to illegally extract information from detainees or was the abuse simply isolated acts of criminal behavior on the part of a handful of soldiers amplified by an incompetent tactical chain of command at the prison facility?