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Understanding the Distinct Function of the Combatant Status Review Tribunals: A Response to Blocher

9 Pages Posted: 17 May 2007  

Geoffrey S. Corn

South Texas College of Law

Eric Talbot Jensen

Brigham Young University School of Law

Sean Watts

Creighton University School of Law

Abstract

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

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

Geoffrey S. Corn (Contact Author)

South Texas College of Law ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

Eric Talbot Jensen

Brigham Young University School of Law ( email )

504 JRCB
Provo, UT 84602
United States

Sean Watts

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States

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