Reimagining the Wheel: Detention and Release of Non-State Actors under the Geneva Conventions

in Detention of Non-State Actors Engaged in Hostilities: The Future Law, Leiden, Brill, 2016

SMU Dedman School of Law Legal Studies Research Paper No. 358

28 Pages Posted: 20 Jun 2017

See all articles by Chris Jenks

Chris Jenks

Southern Methodist University - Dedman School of Law

Date Written: 2016

Abstract

After more than a decade of sustained armed conflict, the international community continues to struggle with the issues posed by non-State actors participating in hostilities. Issues range from the micro, of if and when individuals may be targeted and detained, to the macro if not meta level of which legal regime to apply. This chapter considers detention from a pragmatic approach and proposes that the 1949 Geneva Conventions and Additional Protocols I and II, outmoded and seemingly inapplicable though they are in some respects, offer the most thorough, humane, realistic and readily available option for determining how to treat and when to release non-State actors detained during armed conflict.

Keywords: Detention, Armed Conflict, Prisoner of War, Geneva Conventions, Civilian, Additional Protocol

Suggested Citation

Jenks, Chris, Reimagining the Wheel: Detention and Release of Non-State Actors under the Geneva Conventions (2016). in Detention of Non-State Actors Engaged in Hostilities: The Future Law, Leiden, Brill, 2016; SMU Dedman School of Law Legal Studies Research Paper No. 358. Available at SSRN: https://ssrn.com/abstract=2989250

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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