Academic

O'Connell on Combat Zones & Combatants

By Lawrence Solum

Mary Ellen O'Connell (Notre Dame Law School) has posted Combatants and the Combat Zone (University of Richmond Law Review, Forthcoming) on SSRN.  Here is the abstract:

Following the attacks of 9/11, President George W. Bush declared that the United States was in a "global war on terrorism". His administration claimed the wartime privileges to kill without warning and detain without trial anyone suspected of association with terrorist organizations anywhere in the world. These claims were made in the face of contrary international law. Under international law, a war or armed conflict is characterized by organized armed groups engaged in intense, armed hostilities. To meet these criteria, such groups are associated with territory. In addition to the concept of armed conflict, the concept of conflict zone is important. Killing combatants or detaining them without trial may be permissible when done in a zone of actual armed hostilities. Outside such a zone, however, authorities must attempt to arrest a suspect and only target to kill those who pose an immediate lethal threat and refuse to surrender.

Full post as published by Legal Theory Blog on February 06, 2009 (boomark / email).