Presidential Accountability in Wartime

The American presidency has long tested the capacity of the system of checks

and balances to constrain executive power, especially in times of war. While

scholars have examined presidents starting military con>licts without

congressional authorization or infringing on civil liberties in the name of national

security, Stuart Streichler focuses on the conduct of hostilities. Using the

treatment of war-on-terror detainees under President George W. Bush as a case

study, he integrates international humanitarian law into a constitutional analysis

of the repercussions of presidential war powers for human rights around the

world.

Putting President Bush’s actions in a wider context, Presidential Accountability in

Wartime begins with a historical survey of the laws of war, with particular

emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal.

Streichler then reconstructs the decision-making process that led to the

president’s approval of interrogation methods that violated Geneva’s mandate to

treat wartime captives humanely. While taking note of various accountability

options—from within the executive branch to the International Criminal Court—

the book illustrates the challenge in holding presidents personally responsible

for violating the laws of war through an in-depth analysis of the actions taken by

Congress, the Supreme Court, and the public in response. In doing so, this book

not only raises questions about whether international humanitarian law can

moderate wartime presidential behavior but also about the character of the

presidency and the American constitutional system of government.