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Briefcase: Secret Detention and Torture

Guest, Professor Jordan Paust.


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Professor Jordan Paust, with The University of Houston Law Center, is an expert on international crimes and human rights. Even in the modern day war on terrorism, Professor Jordan explains that the president is still bound by international law.

"Eighteen opinions of Supreme Court Justices recognized that the executive is bound by laws of war," Paust said. "Under the Constitution, the President must faithfully execute the laws, which the founders, framers, and justices have unanimously affirmed include international law."

The courts have also found waterboarding and secret detention to be unlawful.

"By 2002, twenty-nine U.S. cases affirmed that waterboarding or related inducement of suffocation by water is torture," Professor Paust explained. "Secret detention violates laws of war, human rights law, the convention against torture and can constitute a crime against humanity."