'Unlawful Enemy Combatant': Status, Theory of Culpability, or Neither?

Mark David Maxwell, Sean Watts

Research output: Contribution to journalArticle

15 Citations (Scopus)

Abstract

The Military Commissions Act of 2006 represents the United States' most recent effort to establish a forum to try detainees captured in its 'Global War on Terrorism'. This article briefly explores the Act's use of the term 'unlawful enemy combatant' to define both subject matter jurisdiction as well as the potential source of criminal liability. The article highlights the term's absence from the positive law of war as well as confusion over its legal significance in United States domestic law. Examining the relationship between status and protections under the law of war, the authors conclude the Act's use of the term 'unlawful enemy combatant' reflects legal convenience more than an objective assessment of the existing laws and customs of war.

Original languageEnglish
Pages (from-to)19-25
Number of pages7
JournalJournal of International Criminal Justice
Volume5
Issue number1
DOIs
StatePublished - Mar 2007
Externally publishedYes

Fingerprint

law of war
act
positive law
Law
liability
jurisdiction
terrorism
Military

All Science Journal Classification (ASJC) codes

  • Law

Cite this

'Unlawful Enemy Combatant' : Status, Theory of Culpability, or Neither? / Maxwell, Mark David; Watts, Sean.

In: Journal of International Criminal Justice, Vol. 5, No. 1, 03.2007, p. 19-25.

Research output: Contribution to journalArticle

@article{c1f7ed5011e34afa9f64d8a9c0c8813b,
title = "'Unlawful Enemy Combatant': Status, Theory of Culpability, or Neither?",
abstract = "The Military Commissions Act of 2006 represents the United States' most recent effort to establish a forum to try detainees captured in its 'Global War on Terrorism'. This article briefly explores the Act's use of the term 'unlawful enemy combatant' to define both subject matter jurisdiction as well as the potential source of criminal liability. The article highlights the term's absence from the positive law of war as well as confusion over its legal significance in United States domestic law. Examining the relationship between status and protections under the law of war, the authors conclude the Act's use of the term 'unlawful enemy combatant' reflects legal convenience more than an objective assessment of the existing laws and customs of war.",
author = "Maxwell, {Mark David} and Sean Watts",
year = "2007",
month = "3",
doi = "10.1093/jicj/mql100",
language = "English",
volume = "5",
pages = "19--25",
journal = "Journal of International Criminal Justice",
issn = "1478-1387",
publisher = "Oxford University Press",
number = "1",

}

TY - JOUR

T1 - 'Unlawful Enemy Combatant'

T2 - Status, Theory of Culpability, or Neither?

AU - Maxwell, Mark David

AU - Watts, Sean

PY - 2007/3

Y1 - 2007/3

N2 - The Military Commissions Act of 2006 represents the United States' most recent effort to establish a forum to try detainees captured in its 'Global War on Terrorism'. This article briefly explores the Act's use of the term 'unlawful enemy combatant' to define both subject matter jurisdiction as well as the potential source of criminal liability. The article highlights the term's absence from the positive law of war as well as confusion over its legal significance in United States domestic law. Examining the relationship between status and protections under the law of war, the authors conclude the Act's use of the term 'unlawful enemy combatant' reflects legal convenience more than an objective assessment of the existing laws and customs of war.

AB - The Military Commissions Act of 2006 represents the United States' most recent effort to establish a forum to try detainees captured in its 'Global War on Terrorism'. This article briefly explores the Act's use of the term 'unlawful enemy combatant' to define both subject matter jurisdiction as well as the potential source of criminal liability. The article highlights the term's absence from the positive law of war as well as confusion over its legal significance in United States domestic law. Examining the relationship between status and protections under the law of war, the authors conclude the Act's use of the term 'unlawful enemy combatant' reflects legal convenience more than an objective assessment of the existing laws and customs of war.

UR - http://www.scopus.com/inward/record.url?scp=33947610114&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=33947610114&partnerID=8YFLogxK

U2 - 10.1093/jicj/mql100

DO - 10.1093/jicj/mql100

M3 - Article

AN - SCOPUS:33947610114

VL - 5

SP - 19

EP - 25

JO - Journal of International Criminal Justice

JF - Journal of International Criminal Justice

SN - 1478-1387

IS - 1

ER -