The American Challenge: Terrorists, Detainees, Treaties, and Torture-Responses to the Rule of Law, 2001-2008

by Carl Q. Christol

Overview

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.

Product Details

ISBN-13:	9780761843450
Publisher:	University Press of America
Publication date:	02/16/2009
Sold by:	Barnes & Noble
Format:	eBook
Pages:	260
File size:	416 KB

About the Author

Carl Q. Christol is Distinguished Emeritus Professor of International Law and Political Science at the University of Southern California. He holds a Ph.D. degree from the University of Chicago and an LL.B from Yale Law School. He served in the Infantry in World War II and occupied the Stockton Chair of International Law at the U. S. Naval War College. He has delivered lectures and participated in seminars at universities and colleges on five continents. He served as chairman of the International Law Section of the International Studies Association. His research and writing have focused on U.S. Constitutional law, civil and political rights and liberties, international law, international space law, world organizations, and human rights.

Table of Contents

Chapter 1 1. Problems and Challenges
Chapter 2 2. The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), December 10, 1984
Chapter 3 3. Statutes Dealing with or Related to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Chapter 4 4. American Responses to the Third Geneva Convention Relative to the Treatment of Prisoners of War, August 12, 1949 and to the CAT
Chapter 5 5. The Department of Justice Memoranda Relating to POWs and to Torture, 2002-2004
Chapter 6 6. Department of Defense and Army Investigations of Violations of the Laws of War in Iraq, 2003-2005, and Corrective Actions
Chapter 7 7. The Civilian Employees of the Uniteds Go to War
Chapter 8 8. The Role of Congress: Laws and Procedures for the Trial of Unlawful Detainees
Chapter 9 9. 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
Chapter 10 10. The Decisions of Military Commissions, June 4, 2007, and Subsequent Proceedings
Chapter 11 11. Department of Defense Procedures for Investigation and Release of Detainees
Chapter 12 12. The New Army Field Manual 2-22.3 September 6, 2006
Chapter 13 13. The Presidential Directive of July 20, 2007 on CIA Detentions and Interrogations—New Revelations and the Continuing Conflict Between the White House and Congress
Chapter 14 14. America and the Rule of Law
Chapter 15 15. Conclusion