Detention and Prosecution as Described in the DoD Manual

This material has been published in M. N. Newton, (ed), The United States Department of Defense Law of War Manual: Commentary and Critique, (Cambridge: CUP, 2018) 282-297

16 Pages Posted: 23 Sep 2019

See all articles by Andrew Clapham

Andrew Clapham

Graduate Institute of International and Development Studies

Date Written: December 20, 2018

Abstract

This text discusses how the position of the United States (US) – reflected in its Department of Defense Law of War Manual – is not the only position one can take on the law; it stresses the importance of taking into consideration the perspectives of the wider international community.

For example, the Manual seems to assume that if you are in a war-like situation you can detain people based solely on the grounds that there is a war on. Whereas for other States, in particular those States which are bound by the European human rights treaties, in a non-international armed conflict you need to have some authority to detain based on law, not just based on war.

Keywords: war, armed conflict, human rights, humanitarian law, international law, terrorism, security

Suggested Citation

Clapham, Andrew, Detention and Prosecution as Described in the DoD Manual (December 20, 2018). This material has been published in M. N. Newton, (ed), The United States Department of Defense Law of War Manual: Commentary and Critique, (Cambridge: CUP, 2018) 282-297, Available at SSRN: https://ssrn.com/abstract=3452612

Andrew Clapham (Contact Author)

Graduate Institute of International and Development Studies ( email )

PO Box 136
Geneva, CH-1211
Switzerland

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