Stephan Muller

Prisoner of War - A controversial status Stephan Muller

Master's Thesis from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: 2,4, Stellenbosch Universitiy, 63 entries in the bibliography, language: English, abstract: The status, Prisoner of War reveals many issues. This paper examines the meaning of the term Prisoner of War (POW) and discusses the topic with a focus on the US State practice. In particular the treatment of the prisoners, who have been captured in the context of the Afghanistan War and the fight against terrorism, is taken into account. Under this section also the quandary of an adequate and justifiable classification of the different categories of prisoners is discussed. In this context also the terms "unlawful combatant" and "war on terror" are addressed. In addition the relation between Humanitarian Law, Human Rights and Domestic Law is considered and brought into relation with decisions of the US Courts. Additionally the issue of criminal liability under Domestic and International law is raised. The paper concludes with a summary of the findings and an appraisal of the results followed by a perspective to future developments.