2009Case Western Reserve University School of Law Scholarly Commons (Case Western Reserve University)Open access

International Law and the Torture Memos

Michael P. Scharf

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Abstract

This article explores the influence of international law in the evolution of the Bush Administration's policies toward detainees in the global war on terror.The detainee case study provides a modern lens for evaluating Jack Goldsmith and Eric Posner's hypothesis set forth in THE LIMITS OF INTERNATIONAL LAW that international law exerts no "compliance pull" on American policymakers in times of crisis.

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This article explores the influence of international law in the evolution of the Bush Administration's policies toward detainees in the global war on terror.The detainee case study provides a modern lens for evaluating Jack Goldsmith and Eric Posner's hypothesis set forth in THE LIMITS OF INTERNATIONAL LAW that international law exerts no "compliance pull" on American policymakers in times of crisis.

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Available abstract

This article explores the influence of international law in the evolution of the Bush Administration's policies toward detainees in the global war on terror.The detainee case study provides a modern lens for evaluating Jack Goldsmith and Eric Posner's hypothesis set forth in THE LIMITS OF INTERNATIONAL LAW that international law exerts no "compliance pull" on American policymakers in times of crisis.

Key concepts: Torture, International law, Political science, Law, War on terror, Compliance (psychology), Municipal law, Human rights

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