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Hostis humani generis: the legal status of terrorists under international humanitarian law
ISSN: 2545 - 8817Publisher: author   
Hostis humani generis: the legal status of terrorists under international humanitarian law
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 2
Article Transparency Score: 3
Article Operation Score: 3
Article Articles Score: 2
Article Accessibility Score: 2
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International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545115198817
eISSN
:
2545 - 8817
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Abstract
During the so called “war against terrorism” the distinction between combatants and non-combatants became blurred. Alluding to a supposed legal gap, George W. Bush´s Administration decided to qualify those terrorists of Al Qaeda detained during the armed conflict as unlawful combatants. They stated that they did not meet the characteristics of any of the two existing categories stipulated by the international humanitarian law (IHL). Therefore, they had no protection under the ius in bello. The US decision created a context of uncertainty within the international community which persists today, since military campaigns that seek to end the threat of terrorism do not comply with the rules and values that are supposed to protect. In this paper, the main objective is to analyze and systematize the answers given by literature to the legal status of terrorists under IHL. After clarifying this, it will be determined what kind of protection a...