Abstract

http://ssrn.com/abstract=2237633
 
 

Footnotes (82)



 


 



Al Qaeda and the Law of War


Arthur Mark Weisburd


University of North Carolina (UNC) at Chapel Hill - School of Law

2007

Lewis & Clark Law Review, Vol. 11, No. 4, p. 1063, 2007
UNC Legal Studies Research Paper

Abstract:     
Nearly since September 11 itself, the legal community has been debating the legal status of al-Qaeda members-criminals versus combatants of war. Though there are many lenses through which one can view this issue, this Article examines the question in terms of individual rights of al-Qaeda members under international law. The author puts the issue in context by first discussing the significance of the label-the distinction in treatment between criminal suspects and prisoners of war. Then, the Article analyzes al-Qaeda and its operations to determine where its members might fall on the continuum from criminal to combatant. Ultimately, the Article suggests that, at least when considering their personal rights under international law, al-Qaeda members should be considered combatants of war, rather than criminals. However, the nature of al-Qaeda makes it difficult to apply international humanitarian law to the group, with interesting implications for the future of this area of law.

Number of Pages in PDF File: 24

Accepted Paper Series





Download This Paper

Date posted: March 23, 2013  

Suggested Citation

Weisburd, Mark, Al Qaeda and the Law of War (2007). Lewis & Clark Law Review, Vol. 11, No. 4, p. 1063, 2007; UNC Legal Studies Research Paper. Available at SSRN: http://ssrn.com/abstract=2237633

Contact Information

Arthur Mark Weisburd (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-962-8515 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 522
Downloads: 8
Footnotes:  82

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.406 seconds