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President Obama's War Powers Legacy

Published online by Cambridge University Press:  29 March 2017

Curtis A. Bradley*
Affiliation:
Duke Law School

Extract

The five essays in this Agora, written by Jack Goldsmith and myself, Ashley Deeks, Ryan Goodman, Rebecca Ingber, and Michael Ramsey, consider the legal legacy of the Obama administration concerning the use of military force, with respect to both domestic law and international law. Prominent developments during the Obama administration relating to war powers include the administration's defense in habeas litigation of its authority to detain members of Al Qaeda and associated groups in military custody; its increased use of targeted killing outside of active combat areas, in part through frequent missile attacks carried out by drones; its use of military force in 2011 against the regime of Libyan leader Muammar Qaddafi, pursuant to a United Nations Security Council resolution; its deliberations in 2013 about the use of military force against Syria in response to the use of chemical weapons by the regime of Syrian President Bashar al-Assad; and its initiation of a long-term conflict against the Islamic State in 2014. This Agora touches on these and other developments and offers a range of perspectives.

Type
Agora: Reflections on President Obama's War Powers Legacy
Copyright
Copyright © American Society of International Law 2016

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References

1 Bradley, Curtis A. & Goldsmith, Jack L., Obama's AUMF Legacy, 110 AJIL 628, 629 (2016)CrossRefGoogle Scholar.

2 Deeks, Ashely S., The Obama Administration, International Law, and Executive Minimalism, 110 AJIL 646, 646 (2016)CrossRefGoogle Scholar.

3 Id. at 647.

4 Goodman, Ryan, The Obama Administration and Targeting “War-Sustaining” Objects in Noninternational Armed Conflict, 110 AJIL 663, 679 (2016)CrossRefGoogle Scholar.

5 Ingber, Rebecca, The Obama War Powers Legacy and the Internal Forces That Entrench Executive Power, 110 AJIL 680, 681 (2016)CrossRefGoogle Scholar.

6 Ramsey, Michael D., Constitutional War Initiation and the Obama Presidency, 110 AJIL 701, 701 (2016)CrossRefGoogle Scholar.

7 Id. at 702.