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The basis of detaining captured enemy combatants is not to punish but, rather, to prevent them from continuing to fight against the United States and its coalition partners in the ongoing global war on terrorism. Detention of captured enemy combatants is both allowed and accepted under international law of armed conflict. [10]
Bangladesh: The Enemy Property Act was established to manage property of enemies (Indians) taken while it was part of Pakistan (1948–1971) or during its independence war (1971). Canada : The Office of the Custodian of Enemy Property was established in 1916 and existed until 1985, dealing with the property of Canada's enemies in both World ...
Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
Hamdan v. Rumsfeld, 548 U.S. 557 (2006), is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions ratified by the U.S. [1]
The modern law of war is made up from three principal sources: [1] Lawmaking treaties (or conventions)—see § International treaties on the laws of war below. Custom. Not all the law of war derives from or has been incorporated in such treaties, which can refer to the continuing importance of customary law as articulated by the Martens Clause.
An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces ...
If they cannot escape, then it is their sworn duty to cause the enemy to use an inordinate number of troops to guard them, and their sworn duty to harass the enemy to the best of their ability. Group Captain Ramsey ( James Donald ), senior British officer at the prisoner of war camp in The Great Escape (1963), addressing the German commandant.
The definition given in the act seems to face several difficulties. Firstly it is to a substantial extent analogous to the definition of such persons who are to be held as prisoners of war under the Geneva Convention relative to the Treatment of Prisoners of War, and indeed would appear to define those who are to be treated as prisoners of war, but it is missing three of the categories under ...