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tribunal applying recognised principles of regular judicial procedure, which are those normally regarded by Western states as conforming with their concept of due process. 50 A protected person may be punished only for acts that he himself has committed, and collective punishments directed or threatened against a community are forbidden, 51 as are acts of terrorism, intimidation and
the ‘war’ against terrorism. However, the United States has consistently described those held by it in Afghanistan as ‘enemy combatants’ and now agrees that they are to be treated in accordance with the Geneva Conventions The same hesitancy to talk of a ‘conflict’ in the legal sense seems to be true of the operations in Iraq, even though the activities directed against the intervening forces as well
or non-existence of a State of Palestine’, ICRC, Dissemination No. 13, May 1990, and ‘Palestine’ was not then included in the published list of states parties. See also Green, ‘Terrorism and armed conflict: the plea and the verdict’, 19 Israel Y.B.H.R. (1989), 131, 149–150, 165–6. With the adoption in 2006 of Protocol III to the Geneva Conventions, amending the list of