Congressional Digest

Supreme Court Debates September 2004 No. 6 Vol. 7
The Law of War

Detaining Enemy Combatants

Detaining Enemy Combatants

The Law of War

International Regimes and the Guantanamo Detainees

The law of war, also known as the law of armed conflict or humanitarian law, is a subset of international law that has evolved through centuries of efforts to mitigate the harmful effects of war. Recognizing the impossibility of eliminating warfare altogether, nations in essence have agreed to abide by rules limiting their conduct in war in return for the enemy’s agreement to abide by the same rules. There are two branches of the law of war: The older of the two branches, known as "Hague law" after the Hague Conventions of 1899 and 1907, prescribes the rules of engagement…

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