9 Pages Posted: 17 May 2007
This article addresses the limited and distinct function of the Combatant Status Review Tribunal's established by the Department of Defense to review enemy combatant designations. It explains how the predicate legal determinations made by the United States with regard to the conflict in Afghanistan and the conflict with al Qaeda prevent these tribunals from considering whether individuals captured by the United States qualify as prisoners of war. This does not, however, render the function of these review tribunals illegitimate.
Keywords: international law, national security, the law of war, detainees, global war on terror, prisoners of war
JEL Classification: K33, K19
Suggested Citation: Suggested Citation
Corn, Geoffrey S. and Jensen, Eric Talbot and Watts, Sean, Understanding the Distinct Function of the Combatant Status Review Tribunals: A Response to Blocher. Yale Law Journal Pocket Part, Vol. 116, p. 327, 2007. Available at SSRN: https://ssrn.com/abstract=987022