Combatant Status and the ‘War on Terror’

This interpretation was endorsed by the International Court of Justice in Nicaragua v United States (Merits), ICJ Reports 1986, para 218 and confirmed by the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia in Prosecutor v Delalic, Case No IT-96-21-A, Judgment of 20 February 2001, para 150.

See Henckaerts Jean-Marie and Doswald-Beck Louise , Customary International Humanitarian Law, Volume I (2005) 299–383.

See, for example, Yoo John C , ‘Terrorists Have No Geneva Rights’, Wall Street Journal, 26 May 2004, A16.

Geneva Convention IV, art 33; Additional Protocol I, art 51(2); Additional Protocol II, art 4(2)(d).

Military Commissions Act of 2006, 10 USC ss 948a et seq.

Military Commissions Act of 2006, 10 USC s 948b(g).

Manual for Military Commissions, Part IV, s 6(15).

Military Commissions Act of 2006, 10 USC s 948a.