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Title: ASIL Insights: Status of Detainees in Non-International Armed Conflict, and their Protection in the Course of Criminal Proceedings: The Case of Hamdan v. Rumsfeld
Available From: http://www.asil.org/insights/2006/insights060714.html
Last Updated: 2006-07-14
Description: John P. Cerone summarizes the US Supreme Court decision in the Case of Hamdan v. Rumsfeld in June 2006. He discusses the law of non-international armed conflict as well as the application of the law of armed conflict in US courts.
Cerone suggests that "The Court’s decision is likely to resonate beyond the specific contours of Hamdan’s case. For example, the finding that Common Article 3 is applicable to the treatment of detainees opens the possibility of prosecution under the War Crimes Act for their mistreatment. The War Crimes Act defines a war crime as any conduct that, inter alia, “constitutes a violation of Common Article 3 of the international conventions signed at Geneva, 12 August 1949.”"
EISIL Categories: Home > International Human Rights > Protection from Torture, Ill-Treatment, & Disappearance
Home > Use of Force > Law of Armed Conflict
Keywords: armed conflict
combatant
Geneva Conventions
humanitarian law
POWs
prisoners of war
rights of prisoners
Language(s): English
Site Administrator: American Society of International Law
webmaster@asil.org


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