Note: The Commander-in-Chief and the United Nations: Why the President Can Use the United Nations Security Council as the Constitutional Basis for Military Operations Short of War

Note: The Commander-in-Chief and the United Nations: Why the President Can Use the United Nations Security Council as the Constitutional Basis for Military Operations Short of War

Author: 
Kleiner, Samuel
Publisher: 
Yale Law School
Date published: 
2014
Record type: 
Journal Title: 
The Yale journal of international law
Source: 
The Yale Journal of International Law, Vol. 39, No. 2, Summer 2014, pp. 359-413
Abstract: 

This Note argues that the U.S. President can utilize military force for operations “short of war” based on a U.N. Security Council Resolution without congressional authorization. In the post-WWII era, Presidents have relied on U.N. Security Council resolutions to argue that they have the constitutional power to use military force without Congress. In the Korean War and the Gulf War, the President argued that the Executive had the power to launch a full-scale war based on a U.N. Resolution without going to Congress. In interventions in Somalia, Haiti, Bosnia, and Libya, the President has argued that the Executive has the power to use military force short of war to uphold the U.S. national interest in enforcing a U.N. Security Council Resolution. However, no scholar has examined this issue in over fifteen years. This Note argues that the President has the constitutional power to conduct military operations “short of war” without congressional authorization if the military action is based on a U.N. Security Council Resolution.

Language: 

CITATION: Kleiner, Samuel. Note: The Commander-in-Chief and the United Nations: Why the President Can Use the United Nations Security Council as the Constitutional Basis for Military Operations Short of War . : Yale Law School , 2014. The Yale Journal of International Law, Vol. 39, No. 2, Summer 2014, pp. 359-413 - Available at: http://library.au.int/note-commander-chief-and-united-nations-why-president-can-use-united-nations-security-council-5