I am amazed that in 8 years of the 'war on terror' there has been no major push, publicly at least, to draft and adopt new international law on the capture and detention of transnational combatants not tied to a state.
However the Georgetown University's Center on National Security and the Law is planning a campaign to do just that.
As the Geneva Convention does not cover the capture and detention of transnational terrorists without uniforms or insignia, governments have been able to make up the rules as they go. The Bush administration was of course in no hurry to adopt or even develop such legislation. The current administration already seems amenable to the idea; the center's former head, Neal Katyal, is now the Obama administration's Principal Deputy Solicitor General.
Hopefully, this new international legislation will become a priority.
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