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U.S. Nationals Detained as Unlawful Combatants

Published online by Cambridge University Press:  10 March 2017

Sean D. Murphy
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Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 96 , Issue 4 , October 2002 , pp. 981 - 983
Copyright
Copyright © American Society of International Law 2002

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References

1 See Dao, James, Prisoner Held at Cuba Camp Says He Is an American, N.Y. Times, April 4, 2002, at A14 Google Scholar.

2 See Mintz, John, Detainee Moved from Cuba to Va. Brig; Officials Say Man Is Likely U.S. Citizen, Wash. Post, Apr. 6, 2002, at A8 Google Scholar.

3 Hamdi v. Rumsfeld, 294 F.3d 598 (4th Cir. 2002).

4 Hamdi v. Rumsfeld, 296 F.3d 278, 281 (4th Cir. 2002).

5 Id. at 282-83.

6 Indictment, U.S. v. Lindh, Crim. No. 02-37-A (E.D. Va. Feb. 5, 2002), at <http://www.usdqj.gov/ag/2ndindictment.htm>.

7 United States v. Lindh, 212 F.Supp.2d 541, 553 (E.D. Va. 2002).

8 See Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, Arts. 87, 89, 6 UST 3316, 3384-85, 75 UNTS 135, 202-03 [hereinafter Third Geneva Convention].

7 United States v. Lindh, 212 F.Supp.2d at 541, 553 (E.D. Va. 2002).

8 See Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, Arts. 87, 89, 6 UST 3316, 3384-85, 75 UNTS 135, 202-03 [hereinafter Third Geneva Convention].

9 United States v. Lindh, 212 F.Supp.2d at 553-54.

10 Id. at 554; see Sean, D. Murphy, Contemporary Practice of the United States, 96 AJIL 475 (2002)Google Scholar.

11 Authorization for Use of Military Force, Pub. L. No. 107-40, §2, 115 Stat. 224 (2001).

12 United States v. Lindh, 212 F.Supp.2d at 556.

13 [Editor’s Note: Article 4 of the Third Geneva Convention, supra note 8, provides that persons qualifying as “prisoners of war” can include members of other militias and members of other volunteer corps so long as they fulfill the following conditions: (1) that of being commanded by a person responsible for his subordinates; (2) that of having a fixed distinctive sign recognizable at a distance; (3) that of carrying arms openly; and (4) that of conducting their operations in accordance with the laws and customs of war.]

14 United States v. Lindh, 212 F.Supp.2d at 556-58.

15 See Johnston, David, A Plea Suited to Both Sides, N.Y. Times, July 16, 2002, at A1 Google Scholar.