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Detention Operations in Contemporary Conflicts: Four Challenges for The Geneva Conventions and Other Existing Law

John B. Bellinger III and Vijay M. Padmanabhan
The American Journal of International Law
Vol. 105, No. 2 (April 2011), pp. 201-243
DOI: 10.5305/amerjintelaw.105.2.0201
Stable URL: http://www.jstor.org/stable/10.5305/amerjintelaw.105.2.0201
Page Count: 43
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Detention Operations in Contemporary Conflicts:
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Abstract

Abstract States engaged in conflicts with nonstate groups confront difficult legal questions relating to detention: (1) who is subject to detention, (2) what process must be provided, (3) when does the right to detain terminate, and (4) what legal obligations exist in connection with repatriation at the end of the conflict? This article demonstrates that the Geneva Conventions and other international and municipal law inadequately answer these questions. It then identifies areas of convergence that may form the basis for future legal development.

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