Thinking the unthinkable : has the time come to offer combatant immunity to non-state actors ?
Geoffrey S. Corn
Host item entries:
Stanford law and policy review, Vol. 22, no. 1, 2011, p. 253-294
This article will explore this question by focusing on both these proposed analytical elements. It will begin with a review of the origins of the lawful/unlawful enemy combatant dichotomy. It will then discuss the ostensible effects the United States desires to achieve by applying this dichotomy to transnational non-state actors. Ultimately, it will question whether the unthinkable – extending the opportunity to qualify for the privileged combatant’s immunity – might actually offer a greater likelihood of achieving these effects than clinging to the current lawful/unlawful combatant dichotomy.