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United States v. Hamidullin

United States Court of Appeals for the Fourth Circuit

888 F.3d 62 (2018)

Facts

The conflict in Afghanistan began in 2001 as an international armed conflict between a United States-led coalition and the Taliban-controlled Afghan government. In 2002, the Taliban lost control, but the United States remained in Afghanistan helping the new government combat the Taliban. By 2009, the conflict shifted from an international conflict between two governments to a non-international conflict between the Afghan government and Taliban insurgents. Former Russian intelligence officer Irek Hamidullin (defendant) led a group of insurgents in an attack against an Afghan Border Police post. The Afghan police and American soldiers captured Hamidullin and detained him. Ultimately a US federal court indicted Hamidullin for acts during the attack, and he was convicted and sentenced to multiple life sentences. Hamidullin appealed, arguing he was entitled to combatant immunity under the Third Geneva Convention and common law.

Rule of Law

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Issue

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Holding and Reasoning (Floyd, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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Dissent (King, J.)

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