Understanding the Distinct Function of the Combatant Status Review Tribunals: A Response to Blocher

Abstract

This article addresses the limited and distinct function of the Combatant Status Review Tribunal's established by the Department of Defense to review enemy combatant designations. It explains how the predicate legal determinations made by the United States with regard to the conflict in Afghanistan and the conflict with al Qaeda prevent these tribunals from considering whether individuals captured by the United States qualify as prisoners of war. This does not, however, render the function of these review tribunals illegitimate.

Keywords: international law, national security, the law of war, detainees, global war on terror, prisoners of war

JEL Classification: K33, K19