This book provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations, and orders of the Bush administration. In particular, 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 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.
1. Executive plans and authorizations to violate international law concerning treatment and interrogation of detainees; 2. Additional revelations concerning treatment, secret detentions, and secret renditions; 3. War and enemy status; 4. Judicial power to determine the status and rights of persons detained without trial; 5. Executive claims to unchecked power; 6. Antiterrorism military commissions.
"Paust's work encourages anti-terrorism initiatives to be implemented in the name of the law and not against the law. His work also ensures that those engaged in the struggle against terrorist atrocity sacrifice neither their dignity nor humanity."
-Mark A. Drumbl, The European Journal of International Law
"This particular account conveniently assembles the best of the research, reality, and rhetoric that one could muster to fulfill the quintessential purposes of penning a durable account that is currently informative, and being likely destined to be the beacon for those who must live with the consequences."
-American Society of International Law