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Status of Detainees in Non-International Armed Conflict, and theirProtection in the Course of Criminal Proceedings: The Case of Hamdan v. Rumsfeld
This Insight supplements the January 2002 Insight, ?Status of Detainees in International Armed Conflict, and their Protection in the Course of Criminal Proceedings.? That Insight considered the application of the international law of armed conflict to the 9/11 attacks and the ensuing conflict(s) in Afghanistan. Since that time, US courts have reached different conclusions as to whether, and the extent to which, the law of armed conflict is applicable to that conflict, and whether the law of armed conflict forms part of the law applicable in US courts. In June 2006, the US Supreme Court in the case of Hamdan v. Rumsfeld found the international law of armed conflict to be judicially cognizable in US courts, at least insofar as the Court has construed it to be incorporated by reference in an Act of Congress. The Court applied part of that law to the conflict in Afghanistan and to the treatment of an individual detained in the course of that conflict