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| Preface | |
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| Acknowledgments and Permissions | |
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| Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees | |
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| Introduction | |
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| The Afghan War, Laws of War, and Human Rights | |
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| Executive Plans and Authorizations | |
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| Illegal Interrogation Tactics | |
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| The Executive Is Bound by International Law | |
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| Conclusion | |
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| Additional Revelations Concerning Treatment, Secret Detentions, and Secret Renditions | |
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| Introduction | |
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| Actors, Authorizations, Abetments, and Public Paper Trails | |
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| The We Do Not "Torture" Ploy and Refusals to Prosecute | |
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| Secret Detentions, Secret Renditions, and Forced Disappearance | |
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| Definitions of Forced Disappearance in Violation of International Law | |
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| Impermissibility of Secret Detentions Under International Law | |
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| Mangling Military Manuals | |
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| The 2005 Detainee Treatment Act and Other Binding Laws of the United States | |
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| Conclusion | |
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| War and Enemy Status | |
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| Introduction | |
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| The United States Cannot Be at "War" with al Qaeda or "Terrorism" | |
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| The Status of Various Detainees and the Legal Test for Combatant Status | |
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| Combatant Immunity | |
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| Legal Tests for Prisoner of War Status | |
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| Dangerous Consequences Can Arise if the Legal Tests Are Changed | |
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| The Misconceived Military Commissions Act of 2006 | |
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| Conclusion | |
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| Judicial Power to Determine the Status and Rights of Persons Detained Without Trial | |
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| Introduction | |
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| Propriety of Detention and Necessity of Judicial Review Under International Law | |
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| Human Rights Standards in Time of Peace, National Emergency, or War | |
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| Permissible Detention Under Human Rights Law | |
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| Judicial Review of Detention Under Human Rights Law | |
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| Detention Under the Laws of War During Times of International Armed Conflict | |
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| Detention of Prisoners of War | |
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| Detention of Other Persons | |
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| Judicial Review of Detention and Status Under the Laws of War | |
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| Judicial Power and Responsibility to Determine the Status and Rights of Detainees | |
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| The Applicability of International Law as Law of the United States | |
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| Judicial Power and Responsibility to Determine Status and Rights | |
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| Two Cases Before the Supreme Court's Decision in Hamdi | |
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| Affirming Judicial Responsibility | |
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| Functionally Abdicating Responsibility to Provide a "Meaningful Judicial Review" | |
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| The Supreme Court's Decision in Hamdi | |
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| Habeas Corpus Review | |
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| Lower Federal Court Decisions Concerning Habeas Corpus | |
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| The Supreme Court's Decision in Rasul | |
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| Conclusion | |
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| Executive Claims to Unchecked Power | |
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| Legal Constraints on the Commander in Chief Power | |
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| The Commander-Above-the-Law Theory | |
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| Misinterpretations of the 2001 Authorization for Use of Military Force | |
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| The Malignant Military Commissions Act of 2006 | |
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| Conclusion | |
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| Antiterrorism Military Commissions | |
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| The 2001 Executive Military Commissions Order | |
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| Rules of Evidence and Procedure for the 2001 Commissions | |
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| Several Serious Violations Had Been Continued | |
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| Denial of the Right to Judicial Review of Detention | |
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| Denial of the Right to Review by a Competent, Independent, and Impartial Court | |
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| Denial of the Right to Trial Before a Regularly Constituted, Competent, Independent, and Impartial Tribunal Established by Law | |
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| Denial of the Rights to Fair Procedure and Fair Rules of Evidence | |
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| Denial of the Right to Counsel and to Effective Representation | |
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| Conclusion | |
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| A Regularly Constituted Court with Fair Procedures: The Supreme Court's Decision in Hamdan | |
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| Problems Concerning Establishment of the Commissions | |
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| Procedural Violations | |
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| The 2006 Military Commissions | |
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| Conclusion | |
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| Notes | |
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| Name Index | |
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| Subject Index | |