The American Challenge
Terrorists, Detainees, Treaties, and Torture-Responses to the Rule of Law, 2001-2008- Authors:
- Publisher:
- 2009
Summary
This sequel to Carl Q. Christol's International Law and U.S. Foreign Policy (2nd Revised Edition, 2006) is based on original sources, such as the Constitution, treaties, statutes including the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006, critical Supreme Court decisions, all relevant Department of Justice memorandums that have been released to the public, and the wide-ranging public writings of scholars and members of the professional estate. Christol emphasizes the significance of the constitutional concept of separation of powers, pointing to the efforts of the Executive branch to call upon the Commander-in-Chief and war powers during what has been referred to as 'the war on terrorism.' He draws attention to the growing authority of 'military law' and, in the contest between the three branches of government, Christol emphasizes the roles of Congress and the Courts in the protection of civil and political rights and liberties.
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Bibliographic data
- Copyright year
- 2009
- ISBN-Print
- 978-0-7618-4344-3
- ISBN-Online
- 978-0-7618-4345-0
- Publisher
- Hamilton Books, Lanham
- Language
- English
- Pages
- 268
- Product type
- Book Titles
Table of contents
- Contents No access
- Preface No access
- Acknowledgments No access
- Chapter One. Problems and Challenges No access Pages 1 - 10
- Chapter Two. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), December 10, 1984 No access Pages 11 - 38
- Chapter Three. Statutes Dealing with or Related to Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment No access Pages 39 - 50
- Chapter Four. American Responses to the Third Geneva Convention Relating to the Treatment of Prisoners of War, August 12, 1949 and to the CAT No access Pages 51 - 64
- Chapter Five. The Department of Justice Memoranda Relating to POWs, Detainees, and to Torture, 2002–2004 No access Pages 65 - 88
- Chapter Six. Department of Defense and Army Investigations of Violations of the Laws of War in Iraq, 2003–2005, and Corrective Actions No access Pages 89 - 96
- Chapter Seven. Civilian Employees of the United States Go to War No access Pages 97 - 104
- Chapter Eight. The Role of Congress: Laws and Procedures for the Trial of Unlawful Detainees No access Pages 105 - 127
- Chapter Nine. The Courts Become Engaged in and Are Confronted by Serious and Somewhat Novel Problems in the Context of the Separation of Powers Principle—Leading Cases No access Pages 128 - 191
- Chapter Ten. The Decisions of Military Commissions, June 4, 2007, and Subsequent Proceedings No access Pages 192 - 203
- Chapter Eleven. Department of Defense Procedures for Investigation and Release of Detainees No access Pages 204 - 210
- Chapter Twelve. The New Army Field Manual 2-22.3 September 6, 2006 No access Pages 211 - 217
- Chapter Thirteen. The Presidential Directive of July 20, 2007 on CIA Detentions and Interrogations-New Revelations and the Continuing Conflict between the White House and Congress No access Pages 218 - 231
- Chapter Fourteen. America and the Rule of Law No access Pages 232 - 248
- Chapter Fifteen. Conclusion No access Pages 249 - 260
- Index No access Pages 261 - 268





