The Laws of War in the War on Terror

The laws of war - the parts of international law explicitly applicable in armed conflict - have a major bearing on the "war on terror" proclaimed and initiated by the US following the attacks of 11 September 2001. They address a range of critical issues that perennially arise in campaigns against terrorist movements, including discrimination in targeting, protection of civilians, and status and treatment of prisoners. The laws of war have a scope of application that is not limited to wars between recognized States. The nature of the opposition, point to potential problems in the application of the laws of war in counter-terrorist operations. Although the great majority of prisoners taken in war viewed as qualifying for prisoner-of-war (PoW) status, in a counter-terrorist war, as in other armed conflicts, there are likely individuals and even whole classes of prisoner who do not meet the treaty-defined criteria for such status. Keywords:armed conflicts; laws of war; prisoner-of-war (PoW); terrorist; war on terror