One of the most debated subjects in international humanitarian law (IHL) over the years has been the legal situation of ‘unlawful combatants’. In legal writing it has been addressed in some detail after the adoption of the Geneva Conventions of 1949 and then prior to the adoption of the 1977 Additional Protocols to the Geneva Conventions. The debate emerged again with some intensity following the US-led military campaign in Afghanistan, which started in 2001. The notion was very present in internal US debate when it was discussed how to deal with Taliban and Al...
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