TAILIEUCHUNG - BEYOND THE LAW The Bush Administration’s Unlawful Responses in the “War” on Terror

Within a few months after al Qaeda’s unlawful terroristic attacks inside the United States on September 11, 2001, the Bush administration embarked on a “dirty war” response to terrorism involving methods of detention, treatment, and interrogation that Vice President Cheney had generalized as responses on “the dark side.” The “dirty war” would involve at least cruel and inhumane treatment of captured human beings and the forced disappearance of various detained persons, despite the fact that cruel and inhumane treatment and forced disappearance are well-known examples of conduct that is absolutely proscribed under several treaties of the United States and customary international law. In fact, both forms of manifest illegality are. | BEYOND THE LAW The Bush Administration s Unlawful Responses in the War on Terror JORDAN J. PAUST This page intentionally left blank BEYOND THE LAW This book provides detailed exposition ofviolations of international law authorized and abetted by secret memos authorizations and orders of the Bush administration - in particular 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 also provides 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. Tests for combatant and prisoner of war status are contrasted with Executive claims and the 2006 Military Commissions Act. 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 Commissions Act. Jordan J. Paust is the Mike and Teresa Baker Law Center Professor of International Law at the Law Center of the University of Houston. He received an . and a . from the University of California-Los Angeles and an . from the University of Virginia and he is a . Candidate at Yale University. Professor Paust has also been a Visiting Edward Ball Eminent Scholar University Chair in International Law at Florida State University a Fulbright Professor at the University of Salzburg Austria and a member of the faculty of the . Army Judge Advocate General s School International Law Division. He has served on several committees on international law human rights laws of war terrorism and the use of force in the American Society of International Law. He is currently co-chair of the American .

• Luật học
• Violate International
• Interrogation of Detainees
• International Law
• Additional Revelations
• Secret Renditions
• Persons Detained