The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy on a Collision Course...With Itself

Humanitarian Law & Policy: PHAP Speakers on Upcoming Issues and Developments, 2014

SMU Dedman School of Law Legal Studies Research Paper No. 153

3 Pages Posted: 10 Jan 2015 Last revised: 5 Feb 2015

See all articles by Chris Jenks

Chris Jenks

Southern Methodist University - Dedman School of Law

Date Written: February 10, 2014

Abstract

2014 will serve as a test of the United States’ claims that its detention policy is consistent with the law of armed conflict (LOAC). If, as President Obama has repeatedly stated, U.S. involvement in the armed conflict in Afghanistan will end this year, then any LOAC based detention of belligerents linked solely to that conflict ends as well. That should mean the release or transfer of members of the Taliban currently detained at Guantanamo. It won’t.

Keywords: Detention, law of armed conflict, loac, taliban, international armed conflict, non-international armed conflict, IAC, NIAC, al-qaeda, afghanistan, Guantanamo, Obama, Geneva Convention

Suggested Citation

Jenks, Chris, The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy on a Collision Course...With Itself (February 10, 2014). Humanitarian Law & Policy: PHAP Speakers on Upcoming Issues and Developments, 2014; SMU Dedman School of Law Legal Studies Research Paper No. 153. Available at SSRN: https://ssrn.com/abstract=2545495

Chris Jenks (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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