Abstract
What does the law of armed conflict say about detention in non-international armed conflict? Is the law “utterly silent,” as some contend, with respect to the grounds for detention—regulating who may be confined and for what status or behavior? And do the in bello rules provide a source of affirmative authority that empowers belligerents to engage in detention? How those questions are resolved and, in particular, the basis for reaching the conclusions may have unintended consequences for the regulation of warfare. This article contends that the laws of war regulate the grounds for detention but do not authorize detention in non-international armed conflict. The article suggests some of the perverse effects of recent decisions by national and international bodies which, according to the author, may have reached the right result but for the wrong reasons.
html
Included in
Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons
Accessibility Request
Some items in this repository were created or digitized prior to implementation of the accessibility standards under the Rehabilitation Act of 1973 and are preserved in their original, unmodified state for research, reference, or historical recordkeeping. In accordance with the ADA Title II Final Rule, the College provides accessible versions of archival materials upon request. To request a version of a file or resource, please submit an Accessible File Request Form.
