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

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 country's 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.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1990
Accession Number
ADA456381

Entities

People

  • Richard Pregent

Organizations

  • The Judge Advocate General's Legal Center and School

Tags

Communities of Interest

  • Air Platforms
  • Energy and Power Technologies
  • Ground and Sea Platforms
  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Aircraft Hijacking
  • Antiterrorism
  • Congress
  • Criminals
  • Drug Trafficking
  • Foreign Relations
  • Geography
  • Intergovernmental Organizations
  • International Law
  • International Relations
  • Judiciary
  • Law
  • National Security
  • Personnel Management
  • Societies
  • Terrorists
  • Victims

Readers

  • Government and Public Administration Law.
  • Strategic Security Studies