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The Feindstrafrecht (German for "Criminal Law of the Enemy") is a criminal law and civil rights concept outlined in 1985 by the German criminal law professor and legal philosopher Günther Jakobs. The Feindstrafrecht says that certain people, as enemies of the society (or the state), do not deserve the protections of the civil or penal law.
The Custodian of Enemy Property is an institution that handles property claims created by war. In wartime, civilian property may be left behind or taken by the occupying state. In ancient times, such property was considered war loot, and the legal right of the winner.
The Logan Act (1 Stat. 613, 18 U.S.C. § 953, enacted January 30, 1799 ()) is a United States federal law that criminalizes the negotiation of a dispute between the United States and a foreign government by an unauthorized American citizen.
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.
The definition of a lawful enemy combatant is also given, and much of the rest of the law sets out the specific procedures for determining whether a given detainee of the U.S. armed forces is an unlawful enemy combatant and how such combatants may or may not be treated in general and tried for their crimes in particular.
The idea that there is a right to war concerns, on the one hand, the jus ad bellum, the right to make war or to enter war, assuming a motive such as to defend oneself from a threat or danger, presupposes a declaration of war that warns the adversary: war is a loyal act, and on the other hand, jus in bello, the law of war, the way of making war ...
His Commentary claims that the etymology of the name of the Greek war god Ares was the verb "to seize", and that the law of nations had deemed looting enemy property legal since the beginning of Western recorded history in Homeric times. [5] Prize law fully developed between the Seven Years' War of 1756–1763 and the American Civil War of
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). [1] [2] It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.