Document Type
Article
Publication Date
2006
Abstract
This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.
Citation
Joseph Blocher, Combatant Status Review Tribunals: Flawed Answers to the Wrong Question, 116 Yale Law Journal 667-674 (2006)
Library of Congress Subject Headings
Prisoners of war--Legal status laws etc., Geneva Conventions (1949 August 12), Guantánamo Bay Detention Camp
Included in
Available at: https://scholarship.law.duke.edu/faculty_scholarship/2006