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Beyond the law
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ISBN: 9780521711203 9780521884266 0521884268 0521711207 9780511611322 1107186161 9786611153595 1281153591 0511355297 0511354770 0511574320 0511611323 0511354193 0511355815 9780511355813 9781107186163 9780511355295 9781281153593 6611153594 9780511354779 9780511354199 9780511574320 Year: 2007 Publisher: Cambridge New York Cambridge University Press

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Abstract

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.

Keywords

Detention of persons --- Terrorists --- Combatants and noncombatants (International law) --- War (International law) --- War on Terrorism, 2001-2009 --- Executive power --- War and emergency powers --- Terrorism --- Legal status, laws, etc, --- Prevention --- Bush, George W --- United States --- Politics and government --- Civil rights --- War on Terrorism, 2001 --- -War on Terrorism, 2001-2009. --- Prevention. --- Legal status, laws, etc., --- Bush, George W. --- Combatants and noncombatants (International law). --- War (International law). --- War on Terrorism, 2001-. --- War on Terrorism, 2001-2009. --- Global Struggle Against Violent Extremism, 2001-2009 --- Global War on Terror, 2001-2009 --- GWOT, 2001-2009 (War on Terrorism) --- Terror War, 2001-2009 --- Terrorism War, 2001-2009 --- War against Terrorism, 2001-2009 --- War on Terror, 2001-2009 --- Military history, Modern --- World politics --- Afghan War, 2001 --- -Iraq War, 2003-2011 --- Operation Enduring Freedom, 2001 --- -Hostilities --- International law --- Neutrality --- Presidents --- Criminals --- Noncombatants (International law) --- Armed Forces --- Belligerency --- Military law --- Powers --- Bush, George, --- Bush, Geo, --- Bush, Dzhordzh Uoker, --- Bush, Dzh. U. --- Bush, Dzh. --- Bush, --- Bushi, Qiaozhi W., --- Bush, Zhorzh, --- Arbusto, Jorge W., --- Bush, Xhorxh W., --- Afghan War, 2001-2021 --- Iraq War, 2003-2011 --- Detention of persons - United States --- Terrorists - Legal status, laws, etc, - United States --- Executive power - United States --- War and emergency powers - United States --- Terrorism - United States - Prevention --- Bush, George W - (George Walker), - 1946 --- -United States - Politics and government - 2001-2009 --- Social Sciences --- Political Science --- -United States --- Legal status, laws, etc.

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