Detention and prosecution as described in the DoD Manual
Author zone:
Andrew Clapham
In:
The United States Department of Defense Law of War Manual : commentary and critique
Editor:
Cambridge : Cambridge University Press, 2018
Physical description:
p. 282-297
Languages:
English
Abstract:
This chapters considers not only whether the United States Department of Defense Law of war manual conforms to international law on detention, but also whether it meets the expectations of a wider community which extends beyond the official understandings of the US government as to what is binding on the United States as a matter of law. In contemporary conflicts, it is more likely than not that the United States will be operating on the ground in coalition with other States. While it might be impracticable to build a highest common denominator, understanding how others see the international law on detention is vital to any sort of functioning interoperability.
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