United States v. Morales

Abstract

War and armed conflict — 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 — Puerto Rico — Whether Protocol I applicable — Protocol I not binding on the United States — Defendant not asserting membership of liberation movement

Relationship between international law and municipal law — Treaties — United States Constitution, Ninth Amendment — 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 — The law of the United States