OBAMA'S AUMF LEGACY

• 成果类型: Article
• 署名作者: Bradley, Curtis A.; Goldsmith, Jack L.
• 署名单位: Duke University; Harvard University
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/S0002930000763147
• 发表日期: 2016
• 页码: 628-645
• 关键词: INTERNATIONAL-LAW; war powers; TERRORISM

摘要

The 2001 Authorization for Use of Military Force (AUMF) remains the principal legal foundation under U.S. domestic law for the president to use force against and detain members of terrorist organizations. This essay explains how the Obama administration established the AUMF as the legal foundation for indefinite conflict against Al Qaeda, associated groups, and the Islamic State. It also shows that the administration's claim that international law operated as an important constraint on its actions under the AUMF was belied, on a range of issues, by its interpretations of international law that supported presidential discretion and flexibility.