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The Hamdan Case and Conspiracy as a War Crime: A New Beginning for International Law in the US |
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| Authors: | Fletcher George P. |
| Affiliation: | * Cardozo Professor of Jurisprudence Columbia University; member of the Journal's Board of Editors. The author submitted a brief in the Hamdan case as amicus curiae on behalf of the Experts in the Law of Conspiracy and the Law of War. [ GeoPFletcher{at}aol.com] |
| Abstract: | In the Hamdan decision, Judge Stevens, writing for the majority,addressed the boundaries of the law of war and specificallywhether the conspiracy charge lodged against Hamdan constituteda violation of this body of customary international law. TheSupreme Court persuasively held that conspiracy does not constitutea war crime. |
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