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Appraisal Of Domestic Measures Under International Law

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Chapter Summary

The domestic model chosen for analysis in this chapter is the United States. In any event, the U.S. is bound by universal customary international law, which provides for quite a number of due process guarantees. Customary international humanitarian law include the mandate to treat civilians and persons hors de combat humanely and the prohibition of the murder of civilians, torture, cruel or inhuman treatment and outrages upon personal dignity, in particular, humiliating and degrading treatment, enforced disappearances as well as arbitrary deprivations of liberty. The chapter evaluates how much attention is given by the U.S. to due process guarantees enshrined in international human rights law as it deals with international terrorism, particularly regarding cases where suspected terrorists are prosecuted by military commissions, and regarding cases where they are considered war captives, and indefinitely detained. It further assesses the applicability and legal implications of a state of emergency to this situation.

Keywords: customary international humanitarian law; domestic law; international human rights law; international law; international terrorism; national emergency; United States



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