Title: Reinterpreting Torture: Presidential Signing Statements and the Circumvention of U.S. And International Law
Abstract: This article examines the impact of signing statements on legal prohibitions against torture, beginning with an account of the historical origin of signing statements. It proceeds to explain the constitutional arguments justifying the use of signing statements as a legal extension of the president's Commander-in-Chief power. After presenting the legal framework, this article focuses on three instances where the executive has attempted to limit the scope of domestic legislation prohibiting torture: (1) the Torture Victim Protection Act of 1991; (2) the Torture Statute, the implementing legislation for the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) the McCain Amendment. This article concludes by examining how signing statements, as an improper exercise of presidential Commander-in-Chief power, erode U.S. compliance with established international legal bans against torture. Signing statements that limit the scope and applicability of U.S. and international law violate domestic prohibitions against torture and threaten U.S. adherence to its international treaty obligations. Reinterpretations of the universal prohibition against torture pose a grave danger to the continued strength of well-established human rights principles.
Publication Year: 2006
Publication Date: 2006-10-01
Language: en
Type: article
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