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The Relevance Of Humanitarian Law To Terrorism And Terrorists

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Chapter Summary

In the author's view, the government's position is inconsistent with fundamental tenets of American jurisprudence and raises most serious concerns under international law [particularly relating to the relevance of the Geneva Convention concerning the treatment of prisoners of war]. The problem of the application to alleged terrorists of humanitarian law in the narrower sense, adopted by the International Committee of the Red Cross, became relevant after the invasion of Iraq in 2003, undertaken at the request of the President of the United States, who claimed that it was necessary to destroy Iraq's weapons of mass destruction-the existence of which was extremely doubtful, and none was subsequently found-and to terminate President Saddam Hussein's support for Al Qaeda terrorists, of which there has never been any evidence. It should be borne in mind for the future that the law with regard to conduct toward detainees is of universal application.

Keywords: American jurisprudence; Geneva Convention; humanitarian law; International Committee of the Red Cross; Iraq; terrorism; terrorists; United States



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