This is called the hybrid war law approach luban then

Info icon This preview shows pages 4–6. Sign up to view the full content.

in contradiction of extremists. This is called the hybrid war law approach. Luban then goes into how the war model lacks rights for the criminal suspects. But with the model of law, these same people are measured illegal fighters due to the fact they lack rights prisoners of war have. With the Guantanamo Bay example, the government of America professed the convicts had no rights due to the Conventions of Geneva. They then decided to backpedal and announced the prisoners would be treated as POWs but they didn’t have the right to be treated like POWs. Luban provides more similar examples to show how the United States has been using the hybrid approach. Can this model be justifiable though with when it diminishes the rights of the enemy? In normal war cases, opponent soldiers can be ethically guiltless. However, in the war on terrorism the enemy soldiers were not considered to be morally innocent. Terrorists are seen as armed forces when they have to and mass killers when they could. Then there are suicide extremists who are very dangerous. They have to goal of killing many innocent bystanders. Because of how dangerous terrorists are it is only appropriate to treat them as both warriors and criminals. There are cases made against the hybrid war-law model due to the fact that the government just picks and chooses which parts of each model they find most convenient. The model abolishes any rights a potential enemy would have because the government doesn’t want them to be able to have any rights. Another objection to the hybrid model is that each model whether law or war were formed differently. The model of war was based off of relationships between states whereas the law model is the relationships within states.
Image of page 4

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Lam5 War shows that people don’t live in a communal with common standards. When standards are different it creates the potential for conflict that could turn into a physical danger. Due to the fact that the war model and law model come as conceptual packages, they should be kept apart. It isn’t right that American can recombine the models just for their own best interests. To make sure the law model wouldn’t be incorporated into the war model, Congress could pass laws that would permit imprisonment of those who pose a threat of terrorist. The evidence needed would be low and there would be no requirement of a hearing. This however could get criticized. It would mean the United States would have a system where people are now imprisoned for their intentions instead of actions. When thinking of the War on Terrorism, what are considered international human rights? The war model threatens international human rights. A case of the destruction of human rights is through torture tolerance. In order to gain information about al Qaeda’s conspiracy to bomb United States airliners, the United States tortured information out a Pakistani suspect.
Image of page 5
Image of page 6
This is the end of the preview. Sign up to access the rest of the document.
  • Summer '18
  • Komail
  • David Luban

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern