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Hamdan v. United States of America

Canada.  16 October 2012 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

War and armed conflict — War crimes — Definition — Trial of unlawful alien enemy combatants before military commissions — Conviction by military commission for “material support for terrorism” — Military Commissions Act 2006 specifying “material support for terrorism” as war crime — Conviction based on conduct occurring during 1996-2001 — Direct appeal of a military commission conviction — Whether Military Commissions Act 2006 retroactively punishing new crimes — Whether relevant statute at time of conduct authorizing prosecution for “material support for terrorism” — Relevant statute authorizing prosecution for violations of “law of war” — “Law of war” meaning “international law of war” — Whether “material support for terrorism” a war crime under international law — Whether any relevant treaties — Whether customary international law making “material support for terrorism” a war crime — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 2014

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