By Jordan J. Paust
This ebook offers an in depth exposition of violations of overseas legislation licensed and abetted through mystery memos, authorizations, and orders of the Bush management. specifically, it describes why numerous govt claims have been in errors, what unlawful authorizations got, what unlawful interrogation strategies have been authorized, and what unlawful transfers and mystery detentions happened. It offers the main thorough documentation of circumstances demonstrating that the president is certain through the legislation of conflict; that judgements to detain folks, come to a decision their prestige, and mistreat them are topic to judicial assessment through the warfare; and that the commander-in-chief strength is topic to restraints by way of Congress.
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Extra resources for Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror
S. 174 When reiterating and attempting to justify their error in their memo, they cited United States v. Alvarez-Machain,175 but the ruling in that case was explicitly based on a very narrow ground – an interpretation of a bilateral extradition treaty that the majority found had not been violated. 179 Yoo and Delahunty engaged in complete fabrication when pretending that cases like The Schooner Exchange v. McFaddon180 or Brown v. United States181 had anything to do with a claim that the President can violate customary international law.
S. S. S. 61 A week later, Secretary Rice dispelled any notion that the administration’s policy has been to comply with absolute bans under international law of any form of cruel, inhuman, or degrading treatment. In a letter to the Senate’s Armed Services Committee, Secretary Rice 11:54 P1: KNP 9780521884266c02 CUFX178/Paust 978 0 521 88426 6 July 27, 2007 ADDITIONAL REVELATIONS 33 offered her “department’s view” that “there is not . . any inconsistency with respect to the substantive behavior that is prohibited” by the same phrase in Common Article 3 of the Geneva Conventions “and the behavior that is prohibited .
201 11:49 P1: KNP 9780521884266c02 CUFX178/Paust 978 0 521 88426 6 July 27, 2007 CHAPTER TWO ADDITIONAL REVELATIONS CONCERNING TREATMENT, SECRET DETENTIONS, AND SECRET RENDITIONS A. 1 As noted also in Chapter One, President Bush, various members of his administration, and others within the Executive branch authorized, abetted, and/or tolerated these and other violations of international law. Moreover, these and other violations have not been ruled out by the administration, even after passage of the 2005 Detainee Treatment Act pressed by Senator McCain.
Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror by Jordan J. Paust