Beyond the Law: The Bush Administration's Unlawful Responses by Jordan J. Paust

By Jordan J. Paust

This ebook presents a close exposition of violations of foreign legislations licensed and abetted through mystery memos, authorizations, and orders of the Bush management. specifically, it describes why numerous govt claims have been in blunders, 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 sure by means of the legislation of battle; that judgements to detain individuals, come to a decision their prestige, and mistreat them are topic to judicial assessment through the conflict; and that the commander-in-chief strength is topic to restraints by way of Congress.

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Sample text

S. 64 This claim is also in fundamental error for reasons noted earlier. 65 As Justice Scalia recognized with respect to the proper interpretation of treaties: The question before us in a treaty case is what the two or more sovereigns agreed to, rather than what a single one of them, or the legislature of a 11:54 P1: KNP 9780521884266c02 CUFX178/Paust 34 978 0 521 88426 6 July 27, 2007 BEYOND THE LAW single one of them, thought it agreed to. And to answer the question accurately, . . whatever extratextual materials are consulted must be materials that reflect the mutual agreement (for example, the negotiating history) rather than a unilateral understanding.

For example, in Forti v. ”90 11:54 P1: KNP 9780521884266c02 CUFX178/Paust 978 0 521 88426 6 July 27, 2007 ADDITIONAL REVELATIONS 37 2. S. 96 Additionally, both Congress97 and the Executive98 have made the same recognitions with respect to foreign violations. 102 Indeed, state involvement, support, or acquiescence can constitute elements of the offense and, as such, cannot logically provide any sort of immunity or excuse. ”106 Article XI provides additional rights, duties, and safeguards: Every person deprived of liberty shall be held in an officially recognized place of detention and be brought before a competent judicial authority without delay, in accordance with applicable domestic law.

Inadmissible in a court of law the rights . . of the nationals of the hostile party”165 partly reflects the concern and criminalizes certain forms of denial of protection in a court of law. The criminal memoranda and behavior of various German lawyers in the German Ministry of Justice, high-level executive positions outside the Ministry, and the courts in the 1930s and 1940s that were addressed in informing detail in “The Justice Case”166 also partly reflect the concern 11:49 P1: KNP 9780521884266c01 20 CUFX178/Paust 978 0 521 88426 6 July 27, 2007 BEYOND THE LAW regarding government lawyer attempts to use courts to further a denial of required rights and protections under the laws of war.

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