Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2018

Loyola University Chicago, School of Law

Commander-in-chief

Articles 1 - 1 of 1

Full-Text Articles in Law

Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn Jan 2018

Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn

Faculty Publications & Other Works

Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S ...