Publication
Minnesota Journal of International Law
Volume
16
Page
371
Year
2007
Abstract
Many speakers in this Symposium have focused principally on "jus ad bellum," or the international law regulating the decision to resort to armed force. This Article concerns principally "jus in bello," that is, international humanitarian law or the limits on the methods of war. First, we will provide a brief discussion of the factual and legal setting of extraordinary rendition. Second, we will consider whether and how humanitarian law applies to the war on terror and related conflicts. Third, we will demonstrate how the prohibition of transferring civilians under Article 49 of the Fourth Geneva Convention applies to extraordinary rendition. Fourth, we will discuss several means of addressing the practice of extraordinary rendition, under U.S., international, and foreign law. Many speakers in this Symposium have focused principally on "jus ad bellum," or the international law regulating the decision to resort to armed force. This Article concerns principally "jus in bello," that is, international humanitarian law or the limits on the methods of war. First, we will provide a brief discussion of the factual and legal setting of extraordinary rendition. Second, we will consider whether and how humanitarian law applies to the war on terror and related conflicts. Third, we will demonstrate how the prohibition of transferring civilians under Article 49 of the Fourth Geneva Convention applies to extraordinary rendition. Fourth, we will discuss several means of addressing the practice of extraordinary rendition, under U.S., international, and foreign law.
Recommended Citation
David Weissbrodt and Amy Bergquist, Methods of the "War on Terror", 16 Minn. J. Int'l L. 371 (2007), available at https://scholarship.law.umn.edu/faculty_articles/249.
