Obama’s War Law
Robert J. Delahunty
University of St. Thomas School of Law (Minnesota)
Engage, Vol. 11, Aug. 2010
U of St. Thomas Legal Studies Research Paper No. 10-20
Despite being engaged in armed conflict in Afghanistan and elsewhere, the Obama Administration has not articulated its overall views on the law of war or its application to these conflicts. The most systematic description of its views thus far was given last spring in a short speech to the American Society of International Law by Harold Koh, now the Legal Adviser to the State Department. This essay examines Koh's remarks in light of other statements and actions by the Obama Administration, and concludes that the legal views of this Administration are close to those of the Bush Administration on crucial issues.
Keywords: law of war, armed conflict, national security, international law, international security
Date posted: August 30, 2010