The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy on a Collision Course...With Itself
Humanitarian Law & Policy: PHAP Speakers on Upcoming Issues and Developments, 2014
SMU Dedman School of Law Legal Studies Research Paper No. 153
3 Pages Posted: 10 Jan 2015 Last revised: 5 Feb 2015
Date Written: February 10, 2014
Abstract
2014 will serve as a test of the United States’ claims that its detention policy is consistent with the law of armed conflict (LOAC). If, as President Obama has repeatedly stated, U.S. involvement in the armed conflict in Afghanistan will end this year, then any LOAC based detention of belligerents linked solely to that conflict ends as well. That should mean the release or transfer of members of the Taliban currently detained at Guantanamo. It won’t.
Keywords: Detention, law of armed conflict, loac, taliban, international armed conflict, non-international armed conflict, IAC, NIAC, al-qaeda, afghanistan, Guantanamo, Obama, Geneva Convention
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