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Full-Text Articles in Law

Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman May 2015

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 Feb 2015

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 Feb 2015

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 Aug 2012

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 Aug 2011

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 Dec 2010

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 Dec 2010

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 Aug 2009

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 Aug 2009

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 Aug 2009

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 Aug 2009

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 Aug 2008

Starting From Here, Ashley R. Deeks

International Law Studies

No abstract provided.


The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns Aug 2008

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 Oct 2006

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 Oct 2006

Military Commissions: Old Laws For New Wars, William K. Lietzau

International Law Studies

No abstract provided.


Military Commissions - Kangaroo Courts?, Charles H.B. Garraway Oct 2006

Military Commissions - Kangaroo Courts?, Charles H.B. Garraway

International Law Studies

No abstract provided.


Query: Is There A Status Of "Unlawful Combatant", Marco Sassoli May 2006

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 Jan 1979

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 Jan 1979

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 Jan 1979

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 Jan 1979

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 Jan 1978

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 Jan 1978

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.