Peculiar Nature of the Global War on Terror and the Dilemma of Unlawful Enemy Combatants
Hamdard Islamicus, Vol. XXXVII, No. 4, October-December 2014
25 Pages Posted: 15 Dec 2013 Last revised: 31 Jul 2023
Date Written: December 15, 2013
Abstract
Global War on Terror (GWOT) has opened a new door to torture and also new frontiers of transnational judicial contestation of international criminal law and strategies for the fight against terrorism. Moreover, GWOT dilemma related to Prisoners Of War (POWs) opened new challenges for humanitarian protection. Many suspected persons are rendered to secret detention sites to get intelligence against other States. Many legal provisions are violated in GWOT. This article seeks to examine some of these issues by focusing on the global war against terrorism especially in the context of strategies against terrorism that the US has applied against Afghanistan and Pakistan since September 2001 attacks on New York and Washington DC. The focus of this article would be on how rendition is different from extradition? How the suspected of terrorism are rendered? What are the consequences of detention of prisoners at secret prisons? What kind of treatment they are facing? Whether the interrogation techniques are legal and appropriate for the hearing of terror suspects? Further, it attempts to explain status of POWs, Civilians and Non-combatants under international humanitarian law. Moreover, this article analyzes many loopholes in Geneva Conventions which are a hurdle in providing protection to detained persons. It will further draw attention to the new situations which are ignored in previous legislation or left silent intentionally.
Keywords: GWOT, Children as POWs, Women as POWs, Direct participation in hostilities, Enemy Combatants
Suggested Citation: Suggested Citation