Unlawful Combatants

Unlawful Combatants

Author: Sibylle Scheipers

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 284

ISBN-13: 0199646112

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The book investigates the emergence and the development of irregular fighters, such as guerrillas, rebels, insurgents, and terrorists throughout the history of modern war. It presents a historically based critique of the twenty-first century notion of the irregular fighter as an 'unlawful combatant'.


Lawful and unlawful combatants

Lawful and unlawful combatants

Author: Alena Angelovicova

Publisher: GRIN Verlag

Published: 2007-11-26

Total Pages: 24

ISBN-13: 3638865355

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Essay from the year 2007 in the subject Law - European and International Law, Intellectual Properties, grade: 66 %, University of Westminster, course: International Law, language: English, abstract: The scope of the essay is to outline the significant distinctions between lawful and unlawful combatants and the consequences of such distinction in relation to the entitlement to the status of prisoners of war and legal responsibility. However, due to the lack of expressis verbis provision related to the term of unlawful combatants, the first the terminology will be considered. The distinctions between lawful and unlawful combatants will be illustrated with examples, mostly on war in Afghanistan. Furthermore, the status of unlawful and lawful combatants will be examined in relation to the internal armed conflict.


Unlawful Combatants

Unlawful Combatants

Author: Sibylle Scheipers

Publisher: OUP Oxford

Published: 2015-01-22

Total Pages: 284

ISBN-13: 0191663654

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Unlawful Combatants brings the study of irregular warfare back into the centre of war studies. The experience of recent and current wars in Afghanistan, Iraq, Libya, and Syria showed that the status and the treatment of irregular fighters is one of the most central and intricate practical problems of contemporary warfare. Yet, the current literature in strategic studies and international relations more broadly does not problematize the dichotomy between the regular and the irregular. Rather, it tends to take it for granted and even reproduces it by depicting irregular warfare as a deviation from the norm of conventional, inter-state warfare. In this context, irregular warfare is often referred to as the 'new wars' and is associated with the erosion of statehood and sovereignty more generally. This obscures the fact that irregulars such as rebels, guerrillas, insurgents and terrorist groups have a far more ambiguous relationship to the state than the dichotomy between the state and 'non-state' actors implies. They often originate from states, are supported by states and/or aspire to statehood themselves. The ambiguous relationship between irregular fighters and the state is the focus of the book. It explores how the category of the irregular fighter evolved as the conceptual opposite of the regular armed forces, and how this emergence was tied to the evolution of the nation state and its conscripted mass armies at the end of the eighteenth century. It traces the development of the dichotomy of the irregular and the regular, which found its foremost expression in the modern law of armed conflict, into the twenty-first century and provides a critique of the concept of the 'unlawful combatant' as it emerged in the framework of the 'war on terror'. This book is a project of Changing Character of War programme at the University of Oxford.


International Law and its Others

International Law and its Others

Author: Anne Orford

Publisher: Cambridge University Press

Published: 2006-11-02

Total Pages: 401

ISBN-13: 1139460390

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Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.


Unlawful Combatant

Unlawful Combatant

Author: Fouad Sabry

Publisher: One Billion Knowledgeable

Published: 2024-06-22

Total Pages: 176

ISBN-13:

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What is Unlawful Combatant A person who directly engages in armed conflict in contravention of the rules of war and is therefore alleged to not be protected by the Geneva Conventions is referred to as an unlawful combatant, an illegal combatant, or an unprivileged combatant/belligerent. Any of these terms refer to the same individual.It has been brought to the attention of the International Committee of the Red Cross that the terms "unlawful combatant," "illegal combatant," and "unprivileged combatant/belligerent" are not articulated in any of the international accords that have been established. Additionally, the phrase "illegal combatant" does not occur in the Third Geneva Convention, despite the fact that the notion of an unlawful combatant is covered in the agreement. There are certain circumstances that can qualify a person for the status of prisoner of war, and Article 4 of the Third Geneva Convention does identify those circumstances. Other international treaties prohibit mercenaries and youngsters from being considered lawful combatants. These accords make this distinction. How you will benefit (I) Insights, and validations about the following topics: Chapter 1: Unlawful combatant Chapter 2: Combatant Chapter 3: Enemy combatant Chapter 4: Ex parte Quirin Chapter 5: Combatant Status Review Tribunal Chapter 6: Hamdan v. Rumsfeld Chapter 7: Competent tribunal Chapter 8: Extrajudicial prisoners of the United States Chapter 9: Detention (imprisonment) Chapter 10: Military Commissions Act of 2006 (II) Answering the public top questions about unlawful combatant. Who this book is for Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of Unlawful Combatant.


The Detention of Unlawful Enemy Combatants During the War on Terror

The Detention of Unlawful Enemy Combatants During the War on Terror

Author: Colleen E. Hardy

Publisher: LFB Scholarly Publishing

Published: 2009

Total Pages: 250

ISBN-13: 9781593325718

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Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the new enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay. Finally, she gives an historical overview of enemy combatants in previous United States wars and conflicts.


The significance of the distinction between lawful and unlawful combatants

The significance of the distinction between lawful and unlawful combatants

Author: Alena Angelovicova

Publisher: GRIN Verlag

Published: 2009-08-24

Total Pages: 24

ISBN-13: 3640408020

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Essay aus dem Jahr 2007 im Fachbereich Jura - Sonstiges, University of Westminster, Sprache: Deutsch, Abstract: The scope of the essay is to outline the significant distinctions between lawful and unlawful combatants and the consequences of such distinction in relation to the entitlement to the status of prisoners of war and legal responsibility. However, due to the lack of expressis verbis provision related to the term of unlawful combatants, the first the terminology will be considered. The distinctions between lawful and unlawful combatants will be illustrated with examples, mostly on war in Afghanistan. Furthermore, the status of unlawful and lawful combatants will be examined in relation to the internal armed conflict.


New Kind of War - New Kind of Detention?

New Kind of War - New Kind of Detention?

Author: Dorte Hühnert

Publisher: LIT Verlag Münster

Published: 2016

Total Pages: 307

ISBN-13: 3643906900

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For the Bush administration 9/11 started a new kind of war. In reaction to the attacks the president and his legal advisors created the term unlawful enemy combatant in addition to the Geneva Conventions' distinction of combatants and civilians. Alluding to international law, the term suggests legality and seeks to legitimize a new kind of detention, yet leading to the torture scandal and Guantanamo Bay Detention Camp. This empirical study traces the term's development throughout the first year after 9/11 and reveals the legitimation strategies for detainee treatment of the Bush administration. (Series: Studies on Peace Research / Studien zur Friedensforschung, Vol. 19) [Subject: Politics]


The Treatment of Combatants and Insurgents Under the Law of Armed Conflict

The Treatment of Combatants and Insurgents Under the Law of Armed Conflict

Author: Emily Crawford

Publisher: Oxford University Press

Published: 2010-01-14

Total Pages: 239

ISBN-13: 0199578966

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This book looks at why international law continues to make the legal distinction between persons who participate in an international or an internal armed conflict and, drawing on considerable legal precedent, legal theory, and the situation in Guantanamo Bay, it argues that it is time for the law of armed conflict to be applied more uniformly.