The Terrorist as a Belligerent Under International Law

Abstract

This thesis examines the status of terrorists captured during a military deployment of forces against a terrorist threat. The application of international law to captured terrorists%raises questions of procedure and policy. In addition, the definitions and norms of conduct in warfare are difficult to apply to the actions of terrorists. Alternatives to prisoner of war status, in the context of the law of war, peacetime international law, and domestic law, offer little hope of obtaining justice from terrorists for their transgressions. This thesis concludes that the initial application 0% prisoner of war status to terrorists should become a matter of U.S. policy, and that the terrorist should continue to be treated as a prisoner of war until such time as he has been shown to have violated the norms of conduct during war, at which time he should be prosecuted for his crimes.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1987
Accession Number
ADA438084

Entities

People

  • Richard B. Jackson

Tags

Communities of Interest

  • Energy and Power Technologies
  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Army Personnel
  • Criminals
  • Employment
  • Geneva Conventions
  • Governments
  • International Law
  • International Organizations
  • International Relations
  • Law
  • Military Organizations
  • Military Tribunals
  • National Security
  • Personnel Management
  • Terrorists
  • United States
  • War Colleges
  • Warfare

Fields of Study

  • Law

Readers

  • Criminal Law
  • Military History / Militaries and War Studies
  • Political Violence and Terrorism Studies.