Special Note: *There seems to be some confusion surrounding the Afghanistan military operations and a formal declaration of war, and the detainees being released after aggressions have formally ceased. Clearly, no declaration of war¹ is necessary to be considered “acts of war” and further, Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.³ ___________________________________________________________________ Per 18 U.S. Code § 2331 - Definitions: (4) the term “act of war” means any act occurring in the course of—(B) armed conflict, whether or not war has been declared, between two or more nations;¹ Taliban categorized under: Military Commissions Act of 2006 Title 10 › Subtitle A › Part II › Chapter 47A › Subchapter I › § 948a—Definitions: (2) Lawful Enemy Combatant ² Geneva Convention relative to the Treatment of Prisoners of War³, 75 U.N.T.S. 135, entered into force Oct. 21, 1950. PART IV: TERMINATION OF CAPTIVITY: SECTION I—DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES Article 118—Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.³ ¹loc.gov/rr/frd/Military_Law/pdf/GC_1949-IV.pdf ²gpo.gov/.../BILLS.../pdf/BILLS-109s3930enr.pdf ³www1.umn.edu/humanrts/instree/y3gctpw.htm
Posted on: Thu, 05 Jun 2014 14:52:51 +0000
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