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Nytänkade om krigets lagar : internationell rätts roll i kriget mot terrorismen

Pilhage, Erik LU (2013) MRSG20 20122
Human Rights Studies
Abstract
The war on terror declared after 9/11 has affected the way we view the laws of war as well as the concept of war itself. The purpose of this essay is to examine the so called Bybee memo, named after its author, that lays out the United States policy regarding prisoners taken in connection with the conflict in Afghanistan, and if the war on terror falls under the protection of the Geneva conventions.
The question I set out to answer is which way international law was used in the early stages of the war on terror. I conclude that the laws of war and other human rights documents were used extensively to justify the taking of prisoners and the violence used in Afghanistan. I also examine the political object that drives this specific... (More)
The war on terror declared after 9/11 has affected the way we view the laws of war as well as the concept of war itself. The purpose of this essay is to examine the so called Bybee memo, named after its author, that lays out the United States policy regarding prisoners taken in connection with the conflict in Afghanistan, and if the war on terror falls under the protection of the Geneva conventions.
The question I set out to answer is which way international law was used in the early stages of the war on terror. I conclude that the laws of war and other human rights documents were used extensively to justify the taking of prisoners and the violence used in Afghanistan. I also examine the political object that drives this specific interpretation of the laws of war.
The writings of David Kennedy and Ganesh Sitaraman are used to define key parts of this essay; conventional warfare, how to legitimize via the laws of war and the consequences of the memo's interpretation of the laws of war.
I discuss in what way the political object of the interpretation have affected the war on terror, and question both the focus of the debate on the war on terror and why this sort of interpretation is possible in the political, military and legal realities in which the decisions are made. (Less)
Please use this url to cite or link to this publication:
author
Pilhage, Erik LU
supervisor
organization
course
MRSG20 20122
year
type
L2 - 2nd term paper (old degree order)
subject
keywords
counterinsurgency, war on terror, Afghanistan, Bybee memo, laws of war, Geneva conventions, Human rights, mänskliga rättigheter
language
Swedish
id
3359039
date added to LUP
2013-02-26 11:41:17
date last changed
2014-09-04 08:27:35
@misc{3359039,
  abstract     = {The war on terror declared after 9/11 has affected the way we view the laws of war as well as the concept of war itself. The purpose of this essay is to examine the so called Bybee memo, named after its author, that lays out the United States policy regarding prisoners taken in connection with the conflict in Afghanistan, and if the war on terror falls under the protection of the Geneva conventions.
The question I set out to answer is which way international law was used in the early stages of the war on terror. I conclude that the laws of war and other human rights documents were used extensively to justify the taking of prisoners and the violence used in Afghanistan. I also examine the political object that drives this specific interpretation of the laws of war. 
The writings of David Kennedy and Ganesh Sitaraman are used to define key parts of this essay; conventional warfare, how to legitimize via the laws of war and the consequences of the memo's interpretation of the laws of war.
I discuss in what way the political object of the interpretation have affected the war on terror, and question both the focus of the debate on the war on terror and why this sort of interpretation is possible in the political, military and legal realities in which the decisions are made.},
  author       = {Pilhage, Erik},
  keyword      = {counterinsurgency,war on terror,Afghanistan,Bybee memo,laws of war,Geneva conventions,Human rights,mänskliga rättigheter},
  language     = {swe},
  note         = {Student Paper},
  title        = {Nytänkade om krigets lagar : internationell rätts roll i kriget mot terrorismen},
  year         = {2013},
}