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Table of Contents Preface Acknowledgments and permissions 1. Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees A. Introduction B. The Afghan War, Laws of War, and Human Rights C. Executive Plans and Authorizations D. Illegal Interrogation Tactics E. The Executive Is Bound by International Law F. Conclusion 2. Additional Revelations Concerning Treatment, Secret Detentions, and Secret Renditions A. Introduction B. Actors, Authorizations, Abetments, and Public Paper Trails C. The We Do Not "Torture" Ploy and Refusals to Prosecute D. Secret Detentions, Secret Renditions, and Forced Disappearance 1. Definitions of Forced Disappearance in Violation of International Law 2. Impermissibility of Secret Detentions Under International Law E. Mangling Military Manuals F. The 2005 Detainee Treatment Act and Other Binding Laws of the United States G. Conclusion 3. War and Enemy Status A. Introduction B. The United States Cannot Be at "War" with al-Qaeda or "Terrorism" C. The Legal Test for Combatant Status D. Combatant Immunity E. Legal Tests for Prisoner of War Status F. Dangerous Consequences Can Arise if the Legal Tests Are Changed G. The Misconceived Military Commissions Act of 2006 H. Conclusion 4. Judicial Power to Determine the Status and Rights of Persons Detained Without Trial A. Introduction B. Propriety of Detention and the Necessity of Judicial Review 1. Human Rights Standards in Time of Peace, National Emergency, or War a. Permissible Detention Under Human Rights Law b. Judicial Review of Detention Under Human Rights Law 2. Detention Under the Laws of War During Times of International Armed Conflict a. Detention of Prisoners of War b. Detention of Other Persons c. Judicial Review of Detention and Status Under the Laws of War C. Judicial Power and Responsibility to Determine the Status and Rights of Detainees 1. The Applicability of International Law as Law of the United States 2. Judicial Power and Responsibility to Determine Status and Rights 3. Two Cases Before the Supreme Court's Decision in Hamdi a. Affirming Judicial Responsibility b. Functionally Abdicating Responsibilities to Provide a "Meaningful Judicial Review" D. The Supreme Court's Decision in Hamdi E. Habeas Corpus Review 1. Lower Federal Court Decisions Concerning Habeas Corpus 2. The Supreme Court's Decision in Rasul F. Conclusion 5. Executive Claims to Unchecked Power A. Legal Constraints on the Commander in Chief Power B. The Commander-Above-the-Law Theory C. Misinterpretations of the 2001 Authorization for Use of Military Force D. The Malignant Military Commissions Act of 2006 E. Conclusion 6. Antiterrorism Military Commissions A. The 2001 Executive Military Commissions Order B. Rules of Evidence and Procedure for the 2001 Commissions 1. Several Serious Violations Have Been Continued 2. Denial of the Right to Judicial Review of Detention 3. Denial of the Right to Review by a Competent, Independent, and Impartial Court 4. Denial of the Right to Trial Before a Regularly Constituted, Competent, Independent, and Impartial Tribunal Established by Law 5. Denial of the Right to Counsel and to Effective Representation 6. Conclusion C. A Regularly Constituted Court With Fair Procedures: The Supreme Court's Decision in Hamdan 1. Problems Concerning Establishment of the Commissions 2. Procedural Violations D. The 2006 Military Commissions E. Conclusion Name Index Index
Library of Congress Subject Headings for this publication:
Detention of persons -- United States.
Terrorists -- Legal status, laws, etc., -- United States.
Combatants and noncombatants (International law).
War (International law).
War on Terrorism, 2001-.
Executive power -- United States.
War and emergency powers -- United States.
Bush, George W. (George Walker), 1946-.
Civil rights -- United States.
Terrorism -- United States -- Prevention.
United States -- Politics and government -- 2001-.