White House Confirms that U.S. Practices in NIAC, While Consistent With Article 75, Are Not Governed By That Provision
According to Julian Barnes at the Wall Street Journal, the White House has confirmed that (a) Article 75 of Protocol I does not apply in the Non-International Armed Conflict with al Qaeda as customary international law, but (b) the administration has determined that all of its military practices, including military commissions, in fact are consistent with Article 75.
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According to Julian Barnes at the Wall Street Journal, the White House has confirmed that (a) Article 75 of Protocol I does not apply in the Non-International Armed Conflict with al Qaeda as customary international law, but (b) the administration has determined that all of its military practices, including military commissions, in fact are consistent with Article 75.
Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
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