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Torture of Detainees and Presidential Prerogative Power

Richard M. Pious

in The Polarized Presidency of George W. Bush

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217977
eISBN:
9780191711541
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217977.003.0003
Subject:
Political Science, American Politics

This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting ... More


Detention Pending Charge or Trial

Brice Dickson

in The European Convention on Human Rights and the Conflict in Northern Ireland

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.003.0006
Subject:
Law, Human Rights and Immigration

Article 5 of the European Convention makes it clear that detention may occur even if no arrest ensues (as with powers to examine travellers at ports, or to stop and question people on the streets), ... More


Completing the Picture: International Human Rights Law in Non-International Armed Conflicts

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks to the law of international human rights, which provides further rules regarding the treatment of persons deprived of their liberty in relation to a non-international armed ... More


Figuring Violence: Affective Investments in Perpetual War

Rebecca A. Adelman

Published in print:
2018
Published Online:
May 2019
ISBN:
9780823281671
eISBN:
9780823284788
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823281671.001.0001
Subject:
Society and Culture, Media Studies

Figuring Violence catalogs the affects that define the latter stages of the war on terror and the imaginative work that underpins them. These affects—apprehension, affection, admiration, gratitude, ... More


Weighing Intangibles, Questioning Assumptions

Philip B. Heymann

in Living the Policy Process

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195335385
eISBN:
9780199851690
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195335385.003.0015
Subject:
Political Science, American Politics

This chapter examines what effort was made to identify all important classes of consequences and then to predict and assess them. It begins with the overall government choice and, after that, looks ... More


Constitutional Limits on Coercive Interrogation

Amos N. Guiora

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.001.0001
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

On September 11, 2001, terrorism instantly became the defining issue of our time. The resulting debate surrounding the inherent tension between national security and individual civil rights has ... More


Introduction

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0001
Subject:
Law, Public International Law

This chapter begins with an overview of the entire volume, starting with a report of top United States government lawyers after 9/11 developing legal arguments to justify torture and coercion of ... More


Application of the Hybrid Paradigm

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0003
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

One clear assertion of this book is that the present system of interrogations and detainee status requires our collective and immediate attention. To that end, the hybrid paradigm was created. ... More


Liberal Imaginaries of Guantánamo

Rebecca A. Adelman

in Figuring Violence: Affective Investments in Perpetual War

Published in print:
2018
Published Online:
May 2019
ISBN:
9780823281671
eISBN:
9780823284788
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823281671.003.0006
Subject:
Society and Culture, Media Studies

In its depictions of Guantánamo Bay detainees, the state’s agenda is obvious. But the state is not the only entity that mediates detainees’ voices: so, too, do the individuals and organizations that ... More


The Guantánamo Effect: Exposing the Consequences of U.S. Detention and Interrogation Practices

Laurel Fletcher and Eric Stover

Published in print:
2009
Published Online:
May 2012
ISBN:
9780520261761
eISBN:
9780520945227
Item type:
book
Publisher:
University of California Press
DOI:
10.1525/california/9780520261761.001.0001
Subject:
Anthropology, American and Canadian Cultural Anthropology

This book, based on a two-year study of former prisoners of the U.S. government's detention facility at Guantánamo Bay, Cuba, reveals in graphic detail the cumulative effect of the Bush ... More


Introduction: “The New Paradigm”

Laurel E. Fletcher

in The Guantánamo Effect: Exposing the Consequences of U.S. Detention and Interrogation Practices

Published in print:
2009
Published Online:
May 2012
ISBN:
9780520261761
eISBN:
9780520945227
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520261761.003.0001
Subject:
Anthropology, American and Canadian Cultural Anthropology

The Bush Administration, within days of 9/11, began developing what came to be known as “the New Paradigm” for the “war on terror,” under which the president authorized “a new, ad hoc system of ... More


Guantánamo: No Exit

Laurel E. Fletcher

in The Guantánamo Effect: Exposing the Consequences of U.S. Detention and Interrogation Practices

Published in print:
2009
Published Online:
May 2012
ISBN:
9780520261761
eISBN:
9780520945227
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520261761.003.0004
Subject:
Anthropology, American and Canadian Cultural Anthropology

The U.S. detention facility at Guantánamo Bay is an institution of total confinement, designed largely to serve the needs of interrogators and their superiors. Most former detainees interviewed for ... More


Return: The Legacy of Guantánamo

Laurel E. Fletcher

in The Guantánamo Effect: Exposing the Consequences of U.S. Detention and Interrogation Practices

Published in print:
2009
Published Online:
May 2012
ISBN:
9780520261761
eISBN:
9780520945227
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520261761.003.0005
Subject:
Anthropology, American and Canadian Cultural Anthropology

Many respondents said they were elated when they learned about their impending departure from Guantánamo. In the weeks and months ahead, many former detainees had simply moved into a “post-Guantánamo ... More


The Heartbreak of Acknowledgment: From Metropolitan Detention Center to Abu Ghraib

Jared Del Rosso

in Talking About Torture: How Political Discourse Shapes the Debate

Published in print:
2015
Published Online:
November 2015
ISBN:
9780231170925
eISBN:
9780231539494
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170925.003.0002
Subject:
Political Science, Security Studies

This chapter compares the response of Congress to the abuse of the “September 11 detainees” at the Metropolitan Detention Facility (MDC) in Brooklyn, N.Y., with its response to the release of ... More


It Might Have Happened to You!

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0010
Subject:
Law, Legal History

In 1943, with finance from the Duke of Bedford, G. A. Aldred, a Glasgow anarchist, published a pamphlet attacking Regulation 18B; it records the experience of detainees, and was mainly compiled by ... More


The Experience of Detention

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0011
Subject:
Law, Legal History

Executive detention in Britain normally began with arrest without warning. There were ugly incidents. R. R. Reynolds of Tottenham was slapped. Some resisted arrest. Amongst the Anglo-Italian ... More


The Integrity of the Advisory Committee

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0013
Subject:
Law, Legal History

The threat to the integrity of Norman Birkett's committee stemmed from the War Cabinet decision of May 22. Until then the committee evaluated the threat to security posed by individuals; there had to ... More


The Courts in Confusion

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0015
Subject:
Law, Legal History

In 1941, a number of detainees had recourse to the courts, including Captain Charles H. Bentinck Budd, Arthur C. H. Campbell, Ben Greene, John Mason, and Captain George H. L.-F. Pitt-Rivers. There ... More


The Web of Suspicion

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0016
Subject:
Law, Legal History

The detainees who did take appeals to the House of Lords were Robert Liversidge and Ben Greene. Both lost, the judicial opinions being delivered on November 3, 1941; the resulting legal position ... More


The Declining Years of Regulation 18B

A. W. Brian Simpson

in In the Highest Degree Odious: Detention without Trial in Wartime Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259497
eISBN:
9780191681974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259497.003.0018
Subject:
Law, Legal History

Although most orders were made in 1940, quite a few were made in later years. A few names are discoverable, such as Thomas Hubert Beckett. Some suspended orders were reactivated, and a number who ... More


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