Post-9/11 Overreaction and Fallacies Regarding War and Defense, Guantanamo, the Status of Persons, Treatment, Judicial Review of Detention, and Due Process in Military Commissions

16 Pages Posted: 19 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: 2004

Abstract

This article addresses several of the Post-9/11 fallacies offered by the Bush-Cheney Administration in their effort to effectuate a “common plan” of secret detention and torture and cruel, inhumane treatment of other human beings – fallacies that do not obviate international criminal responsibility of those who authorized or facilitated the common plan. Particular attention is paid to the fact that 9/11 did not create a gap in international legal protections under either the laws of war or human rights law, much less other relevant international criminal law; that there was no “legal no-man’s land” where no legal protections pertained; that human rights law and Geneva law reached any person who was detained; that secret arrests and detentions are forced disappearance; and that the prohibitions of torture and cruel and inhuman treatment are absolute.

Keywords: American Declaration, Bush, Cheney, common article 3, common plan, complicity, crime, cruel, detention, disappearance, Geneva Convention, human right, ICCPR, inhuman, judicial review, law of war, no gap, terrorism, torture, secret detention, U.N. Charter, war crime

Suggested Citation

Paust, Jordan J., Post-9/11 Overreaction and Fallacies Regarding War and Defense, Guantanamo, the Status of Persons, Treatment, Judicial Review of Detention, and Due Process in Military Commissions (2004). Notre Dame Law Review, Vol. 79, p. 1335, 2004, U of Houston Law Center No. 2014-A-59, Available at SSRN: https://ssrn.com/abstract=2456010

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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