Unlawful Enemy Combatant : Status, Theory of Culpability, or Neither?

Posted: 18 Jun 2008  

Mark David Max Maxwell

affiliation not provided to SSRN

Sean Watts

Creighton University School of Law

Date Written: March 2007

Abstract

The Military Commissions Act of 2006 represents the United States most recent effort to establish a forum to try detainees captured in its Global War on Terrorism . This article briefly explores the Act's use of the term unlawful enemy combatant to define both subject matter jurisdiction as well as the potential source of criminal liability. The article highlights the term's absence from the positive law of war as well as confusion over its legal significance in United States domestic law. Examining the relationship between status and protections under the law of war, the authors conclude the Act's use of the term unlawful enemy combatant reflects legal convenience more than an objective assessment of the existing laws and customs of war.

Suggested Citation

Maxwell, Mark David Max and Watts, Sean, Unlawful Enemy Combatant : Status, Theory of Culpability, or Neither? (March 2007). Journal of International Criminal Justice, Vol. 5, Issue 1, pp. 19-25, 2007. Available at SSRN: https://ssrn.com/abstract=1147506 or http://dx.doi.org/10.1093/jicj/mql100

Mark David Max Maxwell (Contact Author)

affiliation not provided to SSRN

No Address Available

Sean Watts

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States

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