Accession Number:

ADA456381

Title:

Presidential Authority to Displace Customary International Law: A Department of Justice Fantasy

Descriptive Note:

Research thesis

Corporate Author:

JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA

Personal Author(s):

Report Date:

1990-04-01

Pagination or Media Count:

110.0

Abstract:

This thesis analyzes the legal bases of a 1989 Department of Justice DOJ opinion that claims the President has the authority to order the Federal Bureau of Investigation to arrest individuals for violations of United States law in a foreign country without that countrys consent. The DOJ opinion could have a tremendous impact on United States law enforcement efforts and foreign policies. The author concludes that there is no legal basis for the DOJ opinion and argues that the President is bound by customary international law.

Subject Categories:

  • Government and Political Science
  • Sociology and Law
  • Unconventional Warfare

Distribution Statement:

APPROVED FOR PUBLIC RELEASE