By Jordan J. Paust
This booklet presents a close exposition of violations of foreign legislation approved and abetted by means of mystery memos, authorizations, and orders of the Bush management. specifically, it describes why numerous government claims have been in errors, what unlawful authorizations got, what unlawful interrogation strategies have been licensed, and what unlawful transfers and mystery detentions happened. It offers the main thorough documentation of situations demonstrating that the president is sure via the legislation of struggle; that judgements to detain people, come to a decision their prestige, and mistreat them are topic to judicial assessment through the battle; and that the commander-in-chief energy is topic to restraints through Congress.
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Extra resources for Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror
31 For the inner circle, “[t]his became a central issue,”32 and following “ ‘Geneva’s strict limitations on . . 37 In view of the fact that a “common, unifying approach” was devised to use coercive interrogation tactics and President Bush has admitted that such tactics and secret detention have been used in other countries, it is obvious that coercive interrogation tactics migrated also to Iraq and Afghanistan as part of a common plan. It is also clear that several memos and letters (including the Yoo-Delahunty, Gonzales, Ashcroft, Bybee, and Goldsmith memos and letter); presidential and other authorizations, directives, and findings; and the 2003 DOD Working Group Report substantially facilitated the effectuation of the common, unifying plan to use coercive interrogation and that use of coercive interrogation tactics were either known or substantially foreseeable consequences.
S. S. 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 .
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 . . S. S. 62 However, the legal propriety of this viewpoint is in serious error. S. 63 Second, there has been no attempted reservation to common Article 3 or any other article of the Geneva Conventions like that attempted with respect to the CAT and it would be outrageous to suggest that a putative reservation to one multilateral treaty can override the reach and meaning of another multilateral treaty that has never had a similar reservation attached to it.