Presidential Accountability in Wartime: President Bush, the Treatment of Detainees, and the Laws of War

The US has historically relied on checks and balances to constrain executive power, but presidential war power challenges these boundaries. Stuart Streichler's book examines the repercussions of presidential war powers for human rights, using President George W. Bush's authorization of interrogating detainees as a case study. It highlights the hazards of relying on the body politic to hold wartime presidents accountable and the implications for basic human rights in times of war.

Format: Paperback / softback
Length: 294 pages
Publication date: 30 November 2023
Publisher: The University of Michigan Press

The United States has a long history of violating the laws of war, and the question of who should bear the responsibility for these violations is a complex and controversial one. While the US has historically relied on the checks and balances of Congress and the Supreme Court to constrain executive power, these boundaries have been challenged by presidential war power. Other scholars have focused on presidents starting military conflicts abroad or infringing on civil liberties at home, but Stuart Streichler integrates international humanitarian law into an analysis of the repercussions of presidential war powers for human rights.

Streichler's book, "Presidential Accountability in Wartime," starts by outlining the history of the development of the laws of war, including the Geneva Conventions and Nuremberg Trials. He then uses President George W. Bush's authorization of interrogating detainees of the CIA and US armed forces during a national security crisis as a case study to examine how the checks and balances of Congress and the Supreme Court failed to hold anyone personally responsible. Streichler uses originally classified documents to unravel the decision-making process of the White House and how it fits into the wider context.

The book closes with an insightful interpretation of the torture debate that highlights the hazards of relying on the body politic to hold wartime presidents accountable and the repercussions for basic human rights in times of war. In doing so, it raises profound questions about the character of the presidency, the unreliability of checks and balances, and the American constitutional system of government.

One of the key arguments of Streichler's book is that the US has a long history of violating the laws of war, and that this has had a significant impact on human rights. He argues that the US has often used military force to achieve its political goals, without regard for the consequences for civilians or the rules of war. This has led to widespread human rights abuses, including torture, mass killings, and displacement.

Streichler also argues that the checks and balances of Congress and the Supreme Court have failed to hold anyone personally responsible for these violations. He points out that Congress has often been reluctant to challenge the president's war powers, and that the Supreme Court has been reluctant to intervene in cases involving national security. This has allowed the president to act with impunity, without fear of consequences.

Streichler's book provides a detailed analysis of the decision-making process of the White House during the Bush administration's authorization of interrogating detainees. He uses originally classified documents to reveal the extent of the White House's involvement in the torture program and how it was justified by the Bush administration. He also shows how the White House's decision-making process was influenced by the political climate of the time, including the fear of terrorism and the desire to maintain public support for the war.

One of the most significant findings of Streichler's book is that the checks and balances of Congress and the Supreme Court have failed to hold anyone personally responsible for the torture program. He argues that this is because the White House was able to operate in a secretive and opaque manner, and that the checks and balances of Congress and the Supreme Court were unable to penetrate this secrecy.

Streichler's book also provides a critical analysis of the torture debate. He argues that the torture debate has been dominated by political considerations, rather than by a concern for human rights. He points out that the Bush administration's justification for the torture program was based on the claim that it was necessary to prevent terrorist attacks, but that there was no evidence to support this claim. He also argues that the torture program was a violation of international humanitarian law and that it had a devastating impact on human rights.

In conclusion, "Presidential Accountability in Wartime" is a powerful and insightful book that examines the repercussions of presidential war powers for human rights. Stuart Streichler uses international humanitarian law to analyze the decision-making process of the White House during the Bush administration's authorization of interrogating detainees and shows how the checks and balances of Congress and the Supreme Court failed to hold anyone personally responsible. The book raises profound questions about the character of the presidency, the unreliability of checks and balances, and the American constitutional system of government. It is a must-read for anyone interested in the history of the laws of war and the current state of human rights.

Weight: 272g
Dimension: 229 x 152 (mm)
ISBN-13: 9780472056491