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  1. Home
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  3. Beyond the Law
  • Cited by 12
Publisher:
Cambridge University Press
Online publication date:
November 2009
Print publication year:
2007
Online ISBN:
9780511611322
DOI:
https://doi.org/10.1017/CBO9780511611322
Subjects:
Area Studies, American Studies, American Government, Politics and Policy, Law, Politics and International Relations, Criminal Law
Information

Book description

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.

Reviews

Jordan Paust … has produced a thorough and definitive account of US war crimes against its detainees.'

W. Podmore

‘… [Professor Paust] writes with the detachment and care one expects of a good Q.C.’

Source: Contemporary Review

'What Beyond the Law compellingly delivers is an anatomy of how members of the Bush Administration ran afoul of international human rights law and how some senior lawyers shattered norms of legal ethics and professional responsibility. Paust provides an argument as to how international criminal law might retrospectively frame those events. Regardless of how we debate where the law might go in terms of adapting to perilous new security threats, Paust's work encourages anti-terrorism initiatives to be implemented in the name of law and now against law. His work also ensures that those engaged in the struggle against terrorist atrocity sacrifice neither their dignity nor humanity.'

Source: European Journal of International Law

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