The Unilateral Creation of International Law During the "War on Terror": Murder by an Unprivileged Belligerent is not a War Crime


Murder by an unprivileged belligerent is a war crime created by the United States Department of Defense for singular use in military commissions. The charge is unprecedented under the law of war, law of armed combat, international humanitarian law, and customary international law. War crimes are defined through these particular instruments, and the international system does not allow for the unilateral creation of war crimes by a single nation.

Date of this Version

November 2006