(DOWNLOAD) "David Hicks: Prisoner of war Or Prisoner of the war on Terrorism?" by Australian International Law Journal # Book PDF Kindle ePub Free
eBook details
- Title: David Hicks: Prisoner of war Or Prisoner of the war on Terrorism?
- Author : Australian International Law Journal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 341 KB
Description
Abstract Despite being incarcerated at Guantanamo Bay for over five years, David Hicks never had his true legal status determined by a competent tribunal. This paper seeks to determine the true status of David Hicks under international law. It argues that attempts by the United States to classify Hicks as an 'unlawful combatant' are contrary to the Geneva Conventions. When captured, Hicks was either a member of the Taliban or a member of al-Qaeda. If Hicks was a member of the Taliban his true status was that of a prisoner of war. If Hicks was a member of al-Qaeda, he was a civilian who was no longer taking an active part in hostilities. Given the uncertainty over his membership and the fact that Hicks claimed to be a prisoner of war Hicks was entitled to presumptive prisoner of war status. During his detention at Guantanamo Bay and in the course of his trial before the Military Commission Hicks was not afforded many of the fundamental guarantees he was entitled to, thereby placing the United States in breach of the Geneva Conventions and international human rights law.
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