Article

The end of armed conflict, the end of participation in armed conflict, and the end of hostilities : implications for detention operations under the 2001 AUMF

Nathalie Weizmann

• Columbia human rights law review, Vol. 47, no.3, 2016, p. 204-257

English

Photocopies. - Source : http://www.rulac.org/assets/downloads/Weizmann_End_of_armed_conflict_2016.pdf (last accessed on 10.06.2020)

When military operations against Al Qaeda, the Taliban and associated forces die down such that one or more NIACs have ended, the United States is no longer participating in one or more NIACs against them, or hostilities have ceased, IHL will require the U.S. to release those alleged members of the Taliban, Al Qaeda and associated forces whom it is holding in connection to the(se) armed conflict(s) and who are not facing any criminal prosecution. These three scenarios are assessed according to distinct tests, each of which must be informed by the facts on the ground. Of course, any of these three moments of transition will also lead to a shift in the legal regime applicable to any new detention or targeting activities, as these would no longer be governed by IHL.

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