Legal Opinion

Authority of the President Under Domestic and International Law to Use Military Force Against Iraq

Department of Justice Office of Legal Counsel

Decided October 23, 2002Published

1Opinion of the Court

Authority of the President Under Domestic and International Law to Use Military Force Against Iraq The President possesses constitutional authority to use military force against Iraq to protect United States national interests. This independent constitutional authority is supplemented by congressional authorization in the form of the Authorization for Use of Military Force Against Iraq Resolution. Using force against Iraq would be consistent with international law because it would be authorized by the United Nations Security Council or would be justified as anticipatory self-defense. October…

2Cases cited27 opinions

  1. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
  2. Boos v. BarrySupreme Court of the United States · 1988
  3. Lyng v. Northwest Indian Cemetery Protective Assn.Supreme Court of the United States · 1988
  4. Harisiades v. ShaughnessySupreme Court of the United States · 1951
  5. United States v. Curtiss-Wright Export Corp.Supreme Court of the United States · 1936

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