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Series

2009

Military, War, and Peace

Detention of persons--United States

Articles 1 - 2 of 2

Full-Text Articles in Law

The United States, Israel, And Unlawful Combatants, Curtis A. Bradley Jan 2009

The United States, Israel, And Unlawful Combatants, Curtis A. Bradley

Faculty Scholarship

This essay considers how members of a terrorist organization should be categorized under international law when the organization is engaged in an armed conflict with a nation. The proper categorization can have significant implications for the nation’s authority under both international and domestic law to subject members of a terrorist organization to military targeting and detention. As a result of judicial decisions, Israel ostensibly follows a two category approach, pursuant to which anyone who is not a lawful combatant, including a member of a terrorist organization, is a civilian. The United States, by contrast, currently follows a three category approach, …


Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman Jan 2009

Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman

Faculty Scholarship

President Obama has announced that the detention facility at Guantánamo Bay will be closed by January 22, 2010. He has also said that at least some of the detainees facing criminal prosecution will be tried in military commissions. The system of military commissions established by President Bush after the 9/11 attacks, as well as the one which Congress enacted in 2006 following the Supreme Court’s Hamdan decision, were widely criticized as being unproductive and not meeting international legal standards. The Congress has, very recently, revised the rules and procedures for military commissions to make them fair, effective and much more …