The war on terror is not like past, conventional conflicts but that does not prevent its classification as an armed conflict; soldiers are still dying in fire-fights, territory is still being fought over and the threat to homeland security is very real and visceral. According to the Bush administration, the war on terror represents a new ‘paradigm of war’, whereby the civilians directly engaged in hostilities, ‘enemy combatants’, are not permitted to enjoy the privileges of international humanitarian law. Prisoner of war status is ‘reserved (for) members of the armed forces of a party to an international armed conflict…who must distinguish themselves from the civilian population in order to be entitled to POW status upon capture’ 1. Regarding the ICCPR, it has a specific derogation clause that states ‘in times of public emergency’, the states may excuse themselves from the strict provisions of the covenant. This would, in the context of threats to the safety of civilians, permit states to intern without trial enemy combatants.  1. International Committee of Red Cross, 2005