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Rotunda on Guantanamo & the Geneva Convention

By Lawrence Solum

Kyndra K. Rotunda (Chapman University School of Law) has posted Applying Geneva Convention Principles to Guantanamo Bay (University of Richmond Law Review, Vol. 43, No. 3, p. 1067, 2009) on SSRN. Here is the abstract:

This article analyzes and discusses the procedures followed by the U.S. in Guantanamo Bay and compares those procedures to the ones that Prisoners of War (POWs) would receive in accordance with the Third Geneva Convention, Relative to the Treatment of Prisoners of War. It discusses four particular procedural areas: Combatant Status Review Tribunals (CSRTs); Annual Review Boards (ARBs); religious accommodation; and camp discipline. The article considers and dissects Official Commentary to The Geneva Conventions and also examines historical underpinnings of the laws of war. It concludes that, in many respects, detainees presently held in Guantanamo Bay receive substantially the same, or in some cases greater, procedural protections that the Geneva Conventions require for Prisoners of War.

Full post as published by Legal Theory Blog on June 26, 2009 (boomark / email).