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Full-Text Articles in Law
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 …
Detention In Non-International Armed Conflicts, Knut Dormann
Detention In Non-International Armed Conflicts, Knut Dormann
International Law Studies
No abstract provided.
Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney
Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney
International Law Studies
No abstract provided.
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
International Law Studies
No abstract provided.
The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis
The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis
International Law Studies
No abstract provided.
Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda
Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda
International Law Studies
No abstract provided.
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
International Law Studies
No abstract provided.
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
International Law Studies
No abstract provided.
The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli
The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli
International Law Studies
No abstract provided.
Starting From Here, Ashley R. Deeks
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
International Law Studies
No abstract provided.
Treatment And Interrogation Of Detained Persons, David E. Graham
Treatment And Interrogation Of Detained Persons, David E. Graham
International Law Studies
No abstract provided.
Military Commissions: Old Laws For New Wars, William K. Lietzau
Military Commissions: Old Laws For New Wars, William K. Lietzau
International Law Studies
No abstract provided.
Military Commissions - Kangaroo Courts?, Charles H.B. Garraway
Military Commissions - Kangaroo Courts?, Charles H.B. Garraway
International Law Studies
No abstract provided.
Query: Is There A Status Of "Unlawful Combatant", Marco Sassoli
Query: Is There A Status Of "Unlawful Combatant", Marco Sassoli
International Law Studies
No abstract provided.
1907 Hague Convention Iv With Respect To The Laws And Customs Of War On Land (With Annexed Regulations) (18 October 1907), Howard S. Levie
1907 Hague Convention Iv With Respect To The Laws And Customs Of War On Land (With Annexed Regulations) (18 October 1907), Howard S. Levie
International Law Studies
No abstract provided.
1907 Hague Convention V Respecting The Rights And Duties Of Neutral Powers And Persons In Case Of War On Land (18 October 1907), Howard S. Levie
1907 Hague Convention V Respecting The Rights And Duties Of Neutral Powers And Persons In Case Of War On Land (18 October 1907), Howard S. Levie
International Law Studies
No abstract provided.
1907 Hague Convention Xi Relative To Certain Restrictions With Regard To The Exercise Of The Right Of Capture In Naval War (18 October 1907), Howard S. Levie
1907 Hague Convention Xi Relative To Certain Restrictions With Regard To The Exercise Of The Right Of Capture In Naval War (18 October 1907), Howard S. Levie
International Law Studies
No abstract provided.
General Orders No. 106, General Headquarters American Expeditionary Forces, France (1 July 1918), Howard S. Levie
General Orders No. 106, General Headquarters American Expeditionary Forces, France (1 July 1918), Howard S. Levie
International Law Studies
No abstract provided.
Appendix A Geneva Convention Relative To The Treatment Of Prisoners Of War Of August 12, 1949, Howard S. Levie
Appendix A Geneva Convention Relative To The Treatment Of Prisoners Of War Of August 12, 1949, Howard S. Levie
International Law Studies
No abstract provided.
Agreement Between The British And German Governments Concerning Combatant Prisoners Of War And Civilians (The Hague, 14 July 1918), Howard S. Levie
Agreement Between The British And German Governments Concerning Combatant Prisoners Of War And Civilians (The Hague, 14 July 1918), Howard S. Levie
International Law Studies
No abstract provided.