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Part III Counter-terrorism In Practice, 17 Classification, Administration, and Treatment of Battlefield Detainees

David Turns

From: Counter-Terrorism: International Law and Practice

Edited By: Ana María Salinas de Frías, Katja Samuel, Nigel D White

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 February 2024

Combatants, unlawful — Armed conflict, international — Armed conflict, non-international — Prisoners of war — Geneva Conventions 1949 — Geneva Conventions 1949 Additional Protocol 1 — State practice — Imprisonment — Terrorism
Of the multiple legal issues that have been difficult and controversial about the prosecution of the so-called ‘Global War on Terror’, as proclaimed by US President George W Bush following the terrorist attacks on New York and Washington in September 2001,1 none has been more confusing in theory and intractable in practice than the question of what to do with persons captured on the various battlefields of the ‘war’. The Bush Administration’s solution was summarily to deem them all ‘unlawful enemy combatants’ and incarcerate them indefinitely in Guantánamo Bay,...
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