Unlawful combatant or innocent civilian ? a call to change the current means for determining status of prisoners in the global war on terror
Thomas J. Bogar
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Florida journal of international law, Vol. 21, no. 1, April 2009, p. 29-91
This Article suggests that both the Combatant Status Review Tribunals (CSRT) and the Geneva Convention III (GCIII), Article 5 tribunals are inadequate to accurately determine the correct status of prisoners captured in the GWOT. Neither the United States implementing regulations under Article 5 nor the CSRT procedures provide the sufficient means for determining status of prisoners. Because of these inadequacies, this Article proposes a modified model that ensures due process is provided to prisoners, particularly when making prisoner status determinations under International Humanitarian Law.