Abstract
Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!
Highlights
This essay responds to the question whether there exists a legal black hole in international humanitarian law in which unlawful combatants may slip.[1]
By stating in Article 45(3) “who does not benefit from more favourable treatment in accordance with the Forth Conventions shall have the right at all times to the protection of Article 75 of this Protocol”, it implicitly confirms that the definition of “protected persons” in GC IV at least covers some of the “unlawful combatants”, otherwise, the expression mentioned would be meaningless and redundant
Despite the analysis above, it is still accepted that GC IV carries a legal black hole in relation to persons captured in combat zone, as will be analysed below, the gap could be filled by customary international law as reflected in common Article 3 and Article 75 of AP I
Summary
This essay responds to the question whether there exists a legal black hole in international humanitarian law (hereinafter “IHL”) in which unlawful combatants may slip.[1] The term “unlawful combatant” derived from Ex parte Quirin[2] and regained prominence in the early 21st century in the context of the so-called “war on terror”. It is defined as those who take part in hostilities without a right to do so and fail to satisfy the conditions of prisoners of war when falling into the hands of the enemy. It concludes by arguing that there exists no legal black hole in international humanitarian law into which “unlawful combatants” might fall
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