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Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman
Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman
International Law Studies
What does the law of armed conflict say about detention in non-international armed conflict? Is the law “utterly silent,” as some contend, with respect to the grounds for detention—regulating who may be confined and for what status or behavior? And do the in bello rules provide a source of affirmative authority that empowers belligerents to engage in detention? How those questions are resolved and, in particular, the basis for reaching the conclusions may have unintended consequences for the regulation of warfare. This article contends that the laws of war regulate the grounds for detention but do not authorize detention in …
Is There A Way Out Of The Non-International Armed Conflict Detention Dilemma?, Gabor Rona
Is There A Way Out Of The Non-International Armed Conflict Detention Dilemma?, Gabor Rona
International Law Studies
Detention in non-international armed conflicts (NIACs, or wars fought between States and non-State armed groups) is a time-honored military and humanitarian necessity. And yet, the principles of sovereignty, the texts of the law of armed conflict and international human rights law and the historical record leave little doubt: international law recognizes no inherent detention power in such wars. As long as NIACs were purely internal civil wars, there was little basis to question the exclusive role of domestic law in regulating detention of the enemy. With the advent of transnational NIACs, such as the war in Afghanistan involving multi-national forces …
Targeting And Detention In Non-International Armed Conflict: Serdar Mohammed And The Limits Of Human Rights Convergence, Aurel Sari, Sean Aughey
Targeting And Detention In Non-International Armed Conflict: Serdar Mohammed And The Limits Of Human Rights Convergence, Aurel Sari, Sean Aughey
International Law Studies
In recent years, the United Kingdom has seen a steady flow of legal challenges arising out of its involvement in the armed conflicts in Afghanistan and Iraq. Among these, the case of Serdar Mohammed, decided by the English High Court in May 2014, is of particular interest because of its wider implications. In essence, the High Court’s judgment in Mohammed questions the existence of a legal basis under the law of armed conflict for the conduct of status-based operations in non-international armed conflicts. This article demonstrates that the restrictive approach adopted by the High Court in Mohammed is mistaken as …