In this paper I analyze the profound change in America's attitude toward international law and in its domestic approach to civil liberties since September 11th. The trials of 'unlawful enemy combatants' by military commissions are analyzed against the background of the relevant precedent (the Quirin case) and of a historical reconstruction of the status of unprivileged combatants in the laws of war. Subsequently the relevant Supreme Court landmark rulings (Hamdi, Rasul, Hamdan) and the executive and legislative reactions to these rulings are analyzed. Further I try to explain the mechanisms behind the growing executive power, congressional compliance and the insidious alignment of the judiciary in the U.S. Finally I argue that the moral principles underlying Western Legal Culture require a limited form constitutional cosmopolitanism.
|Number of pages||53|
|Journal||Revue Interdisciplinaire d'Etudes Juridiques|
|Publication status||Published - Jun 2008|
- laws of war