Illegal Combatants and the Law of Armed Conflict; Strategic Insights: v.2, issue 6 (August 2002)
MetadataShow full item record
As a consequence of its operations in Afghanistan, the United States has found itself holding several hundred Taliban and al-Qaida prisoners whom it has identified as "illegal combatants." Similar status has also been ascribed to at least one American citizen, arrested by civil authorities, who is suspected of being part of the al-Qaida terrorist organization, and who is being treated, for the time being at least, as a subject of military justice. The classification of prisoners taken in Afghanistan as "illegal combatants" immediately attracted much scrutiny, in part because international law provides no precise definition of what such a categorization implies, and in part because its use in the present instance was intended to deprive Taliban and al-Qaida fighters of the protections afforded prisoners of war under the 1949 Geneva Conventions. Although United States officials have routinely referred to the struggle against terrorism as a "war," that characterization is, to all appearances, not acceptable when applied to the conduct of those on the other side.
This article appeared in Strategic Insights,Volume 2, Issue 6 (August 2002)
RightsThis publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.
Showing items related by title, author, creator and subject.
Hussain, Khawar (Monterey, California. Naval Postgraduate School, 2005-06);Relations between Pakistan and Afghanistan have remained estranged mainly due to Afghanistan's revanchist claim made about Pakistan's western province and its non-recognition of the Durand Line as the international border. ...
CCS Analysis (Naval Postgraduate School (U.S.)Program for Culture and Conflict Studies, 2007-12-01);"On November 29, a new missive from Osama bin Laden was released to the world. The message came first to the news outlet al Jeezera, where most of his messages have been passed, and at the time of writing, it has not been ...
James, Brian C. (Monterey, California: Naval Postgraduate School, 2013-12);With the United States and NATO mission coming to a close at the end of 2014, Afghanistans future is in doubt. China shares a border with Afghanistan, shares terrorism and security concerns with Afghanistan, and shares an ...