Document Type
Article
Publication Title
Case Western Reserve Journal of International Law
Publication Date
2006
Abstract
Can a federal court override the executive branch's interpretation of customary international law? Ali v. Rumsfeld, the landmark lawsuit brought by the ACLU and Human Rights First against Donald Rumsfeld, squarely presents this important question, which has never been resolved by any court. In this symposium essay, I argue that a judicial determination of Rumsfeld's liability may require a federal court to override the executive branch's interpretation of CIL. Because the executive branch holds the primary responsibility for the interpretation of CIL on behalf of the United States, a judicial determination of Rumsfeld's liability could undermine the Constitution's allocation of foreign affairs powers to the President.
Recommended Citation
Julian G. Ku,
Symposium, Ali v. Rumsfelt: Challenging the President’s Power to Interpret Customary International Law, 37 Case W. Res. J. Int'l L. 371
(2006)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/125