Visiting Fellow John Yoo

Presidents have long had an uneasy relationship with international law. If it is true that most states follow most international law most of the time, that probably goes for Presidents, too. Whether Presidents follow international law out of a belief that they, and the United States, must comply with it, or whether they follow international law because much of it simply describes general regularities in state conduct, remains a debated question. Presidents, however, have stretched or violated international law at significant moments in American history where important national security and foreign policy goals were at stake. Recently, international law has served as a political rallying point against the anti-terrorism policies of the Bush administration regarding the use of force, detention, interrogation, and military trial.

Academic critics of the Bush administration make a broad argument: violations of international rules are not only illegal as a matter of international law, but also violate the Constitution. . . .

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John Yoo is a visiting scholar at AEI. Robert J. Delahunty is associate professor of law at the University of St. Thomas School of Law.