Detention at Guantanamo Bay: a linguistic challenge to law

Article Abstract:

The US has claimed that the prisoners it holds as a result of the 2001-2002 military action in Afghanistan are not prisoners of war, but "enemy combatants" not subject to the protections of the Geneva Convention. But the restrictions of the Convention cannot be avoided simply by chaging the term applied to the prisoners. Holding the prisoners indefinitely, subject to interrogation, but not formally charged with any crime, is a violation of international law.

Detention of persons, Detention, Prisoners of war, Criminal procedure (International law), Afghanistan Conflict, 2001-

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The debate over war powers

Article Abstract:

The Bush administration and its supporters have advanced several theories explaining why the primary war-making power rests with the president. However, the US Constitution clearly states that the president must seek Congressional authority to make war except in cases of invasion. Preemptive strikes against so-called "rogue nations" must be authorized by Congress in advance.

Presidents (Government), Powers and duties, War and emergency powers, Executive power

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Jus ad bellum: law regulating resort to force

Article Abstract:

The use of force is strictly limited in international law according to the United Nations charter. Only in cases of self-defense against a direct threat may nations use force not approved by the UN Security Council. The use of force by the United States against Iraq does not meet this standard.

National security, Intervention (International law), Military intervention, Violence (Law), Force (Law), Self-defense (International law), Self defense (International law)

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