James Jay Carafano : "The United States military has in its custody a number of enemy combatants at the detention facility Guantanamo Bay. Detainees that are a threat to the United States and its friends and allies should be kept off the battlefield as long as they represent a real danger to innocents. Those accused [...]

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The International Court of Justice (ICJ) rendered its judgment Monday in the long-anticipated case of Bosnia and Herzegovina v. Serbia and Montenegro , finding that although the Serbian government was not directly responsible for genocide during the 1992-1995 Bosnian war , the country failed to meet its obligations under the 1948 Genocide Convention to prevent [...]

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Canada Public Safety Minister Stockwell Day said Sunday that Canada may adopt a British special counsel model to preserve the legality of using its security certificates to indefinitely detain foreigners with suspected ties to terrorism. In the UK, security-cleared special advocates can challenge secret intelligence presented to a court to justify the indefinite detention of [...]

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JURIST Guest Columnist Kevin Govern, Assistant Professor of Law at the US Military Academy, West Point, NY, discusses the evolution of rule of law challenges in Iraq post-2003 and proposes new criteria for achieving and assessing Iraq's status as a "rechtsstaat", i.e. a law-based state… Since 19 March 2003, when Operation Iraqi Freedom (OIF) commenced, [...]

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