Corpus ID: 151000906

Terrorism and the Law of War: Trying Terrorists as War Criminals Before Military Commissions

  title={Terrorism and the Law of War: Trying Terrorists as War Criminals Before Military Commissions},
  author={J. Elsea},
  • J. Elsea
  • Published 18 March 2005
  • Political Science
Abstract : The purpose of this report is to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. The report will first present an outline of the sources and principles of the law of war, including a discussion of whether and how it might apply to the current terrorist crisis. A brief explanation of the background issues and arguments surrounding the… Expand
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Geneva Convention Relative to the Treatment of Prisoners of War
Recognizing that, in the extreme event of a war, it will be the duty of every Power, to mitigate as far as possible, the inevitable rigours thereof and to alleviate the condition of prisoners of war;Expand
The Rome Statute of the International Criminal Court
The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC) took place in Rome at the headquarters of the Food and AgricultureExpand
37 Protocol I art
  • 1998
Benison , International Criminal Tribunals : Is There a Substantive Limitation on the Treaty Power ?
  • 1989
enemy alien captured overseas in territory not occupied by U.S. forces not entitled to habeas corpus
  • enemy alien captured overseas in territory not occupied by U.S. forces not entitled to habeas corpus
  • 1946
re Yamashita
  • re Yamashita
  • 1946
President Roosevelt reissued the authorization for military commissions without the language denying offenders access to courts. See Military Order of
  • 197 In his Military Order of
  • 1945