Annual Survey of International & Comparative Law


The purpose of this paper is to examine the U.S. codification of its Geneva Convention obligations to prosecute war crimes. The War Crimes Statute is rarely used for its original enactment purpose. Instead the cases that have appeared are in response to political maneuvering in detaining foreign enemy combatants. The War Crimes Statute has been used with the Geneva Convention in order to guarantee detainees certain fundamental rights to due process and impartial hearings. Finally, the paper examines some of the Legislative responses to this judicial interpretation and the new proposed War Crimes Statute.

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