International Laws-of-War, What are They Good For - The District of Columbia Circuit in Al-Bihani v. Obama Correctly Clarified That International Laws-of-War Do Not Limit the President's Authority to Detain Enemy Combatants
Benson, J. Taylor
INTRODUCTION|After almost a decade since the terrorist attacks of September 11, 2001 ("September 11th"), the United States continues its struggle to define the scope of the President's authority to fight against terrorism. The important relationship between international law and the President's wartime power under the United States Constitution remains largely unexplored despite its prominence in many legal disputes. Since September 11th, the Supreme Court of the United States has provided some guidance by upholding Congress's grant of the Authorization for Use of Military Force ("AUMF") as it pertains to the detainment of enemy combatants. However, because the Supreme Court has left the contours of detention law open for the lower courts to shape, the debate persists over whether the international laws-of-war are binding upon the President's wartime powers...
44 Creighton L. Rev. 1277 (2010-2011)
Creighton University School of Law