The American Challenge

Terrorists, Detainees, Treaties, and Torture-Responses to the Rule of Law, 2001-2008

Carl Q. Christol

• Publisher: University Press of America
• Year: 2009
• eBook ISBN: 9780761843450
• Edition: 1
• Topic: Politics & International Relations
• Subtopic: International Relations
• Index: Politics & International Relations

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.

Christol further emphasizes the importance of the writ of habeas corpus, the right to counsel, the right to a fair and speedy trial, and the presumption of innocence in criminal trials. Support for American outlooks toward the world rule of law was particularly identified in the U.S. responses in 2006 to earlier concerns and recommendations by the Torture Committee established in the 1984 Convention Against Torture. A detailed index serves as a guide to the wide-ranging and specific matters that were considered.

Table of contents

• Preface
• Acknowledgments
• Chapter One Problems and Challenges
• Chapter Two The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), December 10, 1984
• Chapter Three Statutes Dealing with or Related to Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
• Chapter Four American Responses to the Third Geneva Convention Relating to the Treatment of Prisoners of War, August 12, 1949 and to the CAT
• Chapter Five The Department of Justice Memoranda Relating to POWs, Detainees, and to Torture, 2002–2004
• Chapter Six Department of Defense and Army Investigations of Violations of the Laws of War in Iraq, 2003–2005, and Corrective Actions
• Chapter Seven Civilian Employees of the United States Go to War
• Chapter Eight The Role of Congress: Laws and Procedures for the Trial of Unlawful Detainees
• 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
• Chapter Ten The Decisions of Military Commissions, June 4, 2007, and Subsequent Proceedings
• Chapter Eleven Department of Defense Procedures for Investigation and Release of Detainees
• Chapter Twelve The New Army Field Manual 2-22.3 September 6, 2006
• 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
• Chapter Fourteen America and the Rule of Law
• Chapter Fifteen Conclusion