War and armed conflict — Armed conflict — Definition — Conflict not of an international character — “War against terrorism” — Whether governed by common Article 3 of the Geneva Conventions, 1949

War and armed conflict — War crimes — Trials of combatants — Guarantees in Geneva Conventions — Common Article 3 — Extent of application in absence of international conflict — Content of protection — Meaning of “regularly constituted court” — Meaning of “judicial guarantees recognised as indispensable by civilised peoples” — Whether United States military commissions meeting these standards

Relationship of international law and municipal law — Treaties — Customary international law — Laws of war — Powers of President in respect of trials of combatants — Scope — Extent to which subject to international law — The law of the United States of America