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Brigham Young University Law School

2005

Military, War, and Peace

Articles 1 - 3 of 3

Full-Text Articles in Law

Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen Dec 2005

Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen

Faculty Scholarship

Under current international law, combatant status is an all-or-nothing proposition. Either a fighting force qualifies under all the criteria of article 4 of the GPW and receives all the privileges and immunities of combatant status, or a force does not qualify, and is provided no protection above that of any other civilian in the area, and may even be disqualified from the protections afforded to civilians. Given the reality of today's battlefields where the conflict is seldom between the armed forces of two nations, these requirements are counterproductive and provide a disincentive for fighters to distinguish themselves from the civilian …


The Case For Closing The School Of The Americas, Bill Quigley May 2005

The Case For Closing The School Of The Americas, Bill Quigley

Brigham Young University Journal of Public Law

No abstract provided.


Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman May 2005

Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman

BYU Law Review

No abstract provided.