United States v. Buck

Abstract

War and armed conflict — Laws of armed conflict — Scope of application — Prisoners of war — Entitlement to prisoner of war status — Application of laws of armed conflict — Geneva Convention Relative to the Treatment of Prisoners of War, 1949 — Whether applicable to situations arising within a State — First Additional Protocol to the Geneva Conventions, 1977 — Wars of national liberation — Whether Protocol I applicable — Protocol I not binding on the United States — Criteria for entitlement to prisoner of war status

Relationship of international law and municipal law — Treaties — Whether part of United States law — Whether incorporating international laws of war into United States law — Whether including rules contained in treaty to which the United States not a party — First Additional Protocol to the Geneva Conventions, 1977

Sources of international law — Treaties — Whether declaratory of customary international law — First Additional Protocol to the Geneva Conventions, 1977 — Whether declaratory of customary international law — Provisions regarding entitlement to prisoner of war status

States — Recognition — Republic of New Afrika — Not recognized by United States — Whether persons claiming to be representatives of New Afrika entitled to immunity in United States courts

Extradition — Political offence — Whether concept of political offence applicable outside context of extradition — Whether rule of international law that politically motivated acts not triable in State of committal — The law of the United States