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.a discussion over what steps could be taken to persuade the service to adopt these new techniques. ... See Phifer, supra note 100, at1a2; Beaver, supra note 101, at 6. 105. ... For those in the military, the Army Field Manual was right on point.
|Title||:||Beyond the Law|
|Author||:||Jordan J. Paust|
|Publisher||:||Cambridge University Press - 2007-09-24|