Combatant Status and the 'War on Terror': Lessons from the Hicks Case

Alternative Law Journal, 33 2: 67-69

Posted: 18 Jun 2015

See all articles by Jonathan Crowe

Jonathan Crowe

University of Southern Queensland - School of Law and Justice

Date Written: 2008

Abstract

David Hicks is now back in Australia. The media attention that accompanied his detention at Guantanamo Bay has largely dissipated. However, it would be unfortunate if we forgot about Hicks. The legal issues surrounding his detention and aborted prosecution by US authorities carry enduring implications for the conduct of the international 'war on terror'.

This article focuses on two issues arising from the Hicks case. The first concerns the level of protection to which Hicks was entitled under international law. The second point relates to the attempt by US military prosecutors to charge Hicks with attempted murder. The inclusion of this charge on the draft indictment revealed a serious confusion about the legal status of so-called 'unlawful combatants'. Although the charge was ultimately dropped, there is little sign that the underlying misconception has been remedied.

JEL Classification: k00

Suggested Citation

Crowe, Jonathan, Combatant Status and the 'War on Terror': Lessons from the Hicks Case (2008). Alternative Law Journal, 33 2: 67-69, Available at SSRN: https://ssrn.com/abstract=2620115

Jonathan Crowe (Contact Author)

University of Southern Queensland - School of Law and Justice ( email )

West Street
Toowoomba, Queensland 4350
Australia

HOME PAGE: http://jonathancrowe.org/

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