DETENTION OPERATIONS IN CONTEMPORARY CONFLICTS: FOUR CHALLENGES FOR THE GENEVA CONVENTIONS AND OTHER EXISTING LAW

• 成果类型: Article
• 署名作者: Bellinger, John B., III; Padmanabhan, Vijay M.
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• 发表日期: 2011
• 页码: 201-+
• 关键词: HUMAN-RIGHTS LAW; international humanitarian; WAR; TERRORISM; guantanamo; transfers; time

摘要

States engaged in conflicts with nonstate groups confront difficult legal questions relating to detention: (1) who is subject to detention, (2) what process must be provided, (3) when does the right to detain terminate, and (4) what legal obligations exist in connection with repatriation at the end of the conflict? This article demonstrates that the Geneva Conventions and other international and municipal law inadequately answer these questions. It then identifies areas of convergence that may form the basis for future legal development.