The Hamdan Case and Conspiracy as a War Crime: A New Beginning for International Law in the Us

Posted: 29 Feb 2008

Date Written: July 2006

Abstract

In the Hamdan decision, Judge Stevens, writing for the majority, addressed the boundaries of the law of war and specifically whether the conspiracy charge lodged against Hamdan constituted a violation of this body of customary international law. The Supreme Court persuasively held that conspiracy does not constitute a war crime.

Suggested Citation

Fletcher, George P., The Hamdan Case and Conspiracy as a War Crime: A New Beginning for International Law in the Us (July 2006). Journal of International Criminal Justice, Vol. 4, Issue 3, pp. 442-447, 2006. Available at SSRN: https://ssrn.com/abstract=1096961 or http://dx.doi.org/10.1093/jicj/mql039

George P. Fletcher (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States
212-854-2467 (Phone)

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