This article identifies the scope and limits of the criminal law and the international law of war in providing an adequate conceptual and legal model for responding to threat posed by al Qaeda and its affiliates. The importance of creating a workable legal framework is necessary for the U.S. as it detains individuals engaged in armed attacks against it. It contends that legal framework that both integrates and supplements the criminal law and the international law of war is the best way to address the issue of detaining armed combatants.
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