Legal Status of Enemy Combatants under International Humanitarian Law

Abstract

The September 11 attacks conducted by Al-Qaeda had a substantial impact on the U.S security paraphernalia. It also greatly impacted the global security milieu as the transnational ideology of Islamic radicalism and Jihad challenged the security apparatus of the entire world. To counter this new challenge of radical Islamic militancy which operated beyond the boundaries of a single state, President Bush declared a Global War on Terror, and these actors were designated as the primary enemy of the United States, the West, and the liberal values of freedom, peace and democracy. Under the Bush Doctrine, these radical Islamic terrorists were proclaimed as ‘Enemy Combatants’ and were deprived off of their legal rights as prisoner of war as guaranteed by the International Humanitarian Law. The real challenge lies in determining the legal status of these proclaimed ‘Enemy Combatants’ and the humanitarian crisis that emerged due to the introduction of this concept. Therefore, this research paper attempts to analyze the legal status of Taliban as well as Al-Qaeda under the framework of International Humanitarian Law including the Geneva Convention, Additional Protocols of 1977, and the Vienna Convention as well as the Customary Law including Pashtun-Wali. This paper also endeavors to highlight the humanitarian crisis that emerged as a result of the introduction of the concept of ‘Enemy Combatants’.