Combatant Status Review Tribunals: Flawed Answers to the Wrong Question

8 Pages Posted: 20 Mar 2007

Abstract

This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.

Keywords: Guantanamo, Combatant Status Review Tribunal, Prisoner of War, Geneva Convention

undefined

Suggested Citation

Blocher, Joseph, Combatant Status Review Tribunals: Flawed Answers to the Wrong Question. Yale Law Journal, Vol. 116, p. 667, 2006, Available at SSRN: https://ssrn.com/abstract=972356

Joseph Blocher (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

0 References

    0 Citations

      Do you have a job opening that you would like to promote on SSRN?

      Paper statistics

      Downloads
      260
      Abstract Views
      1,491
      Rank
      243,466
      PlumX Metrics
      Plum Print visual indicator of research metrics
      • Usage
        • Abstract Views: 1482
        • Downloads: 255
      see details