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VIII Enemy Aliens and Property

Sean D Murphy, Won Kidane, Thomas R. Snider

From: Litigating War: Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

Sean D Murphy, Won Kidane, Thomas R Snider

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 14 August 2022

Subject(s):
Belligerents — Armed conflict — Geneva Conventions 1949 — Other inhumane acts — Nationality of the claimant (and admissibility)
When armed conflict arises, a belligerent is typically confronted with the presence within its territory of persons or property associated with its enemy. A person’s nationality with the enemy state is the most important consideration when classifying the person as an “enemy alien,” a classification that carries significant consequences for the person’s legal capacity, property rights, and personal freedom.1 Historically, the status of the enemy alien under the jus in bello has required balancing the right of a belligerent state to take actions against enemy...
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