Description
Cambridge Beyond the Law The Bush Administrations Unlawful Responses in the War on Terror 2015 Edition by Jordan J. Paust
Provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations and orders of the Bush administration. It describes why several executive claims were in error, what illegal authorizations were given, what illegal interrogation tactics were approved, and what illegal transfers and secret detentions occurred. It offers the most thorough documentation of cases demonstrating that the President is bound by the laws of war; that decisions to detain persons, decide their status, and mistreat them are subject to judicial review during the war; and that the commander-in-chief power is subject to restraints by Congress. Special military commissions contemplated by President Bush are analyzed along with the Supreme Court's decision in Hamdan concerning their illegal structure and procedures, as well as problems created by the 2006 Military Commission Act. Table of contents :- 1. Executive plans and authorizations to violate international law concerning treatment and interrogation of detainees; 2. Additional revelations concerning treatment, secret detentions, and secret renditions; 3. War and enemy status; 4. Judicial power to determine the status and rights of persons detained without trial; 5. Executive claims to unchecked power; 6. Antiterrorism military commissions.