Law of Armed Conflict / International Humanitarian Law

Basic Treaties

Statute of the International Court of Justice, 1945
Rome Statute of the International Criminal Court, 17 July 1998, Effective 1 July 2002
Charter of the International Military Tribunal ("Nuremberg Charter"), 1945
Charter of the International Military Tribunal for the Far East ("Tokyo Charter"), 1946
Statute of the International Criminal Tribunal for the Former Yugoslavia, 1993
Statute of the International Criminal Tribunal for Rwanda, 1994
Security Council Resolution 82 (1950). Authorized necessary assistance to restore peace and security to the Republic of Korea.
Security Council Resolution 678 (1991). Authorized all necessary means to uphold and implement Security Council Resolutions concerning Iraq's invasion of Kuwait and to restore peace and security in the area.

U.S. Constitution
War Powers Resolution, 50 U.S.C. Sections 1541-1548
War Crimes Act
The Tonkin Gulf Resolution (1964). Congress authorized the President to take all necessary measures to repel any armed attack by North Vietnam against the forces of the United States and to prevent further agression.
Authorization for Use of Military Force (2001). Congress authorized the use of force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001. This authorized Operation Enduring Freedom in Afghanistan.
Authorization for Use of Military Force Against Iraq (2002). Congress authorized the use of military force against Iraq.

The Prize Cases, 67 U.S. (2 Black) 635 (1863). The Supreme Court held that President Lincoln's order to institute a blockade of the Southern ports absent a declaration of war was constitutional. A state of war existed at the time and the President was "bound to meet it in the shape it presented itself, without waiting for Congress to baptize it with a name.
United States v. Curtis-Wright, 299 U.S. 304 (1936). The Supreme Court held that Coungress did not unconstitutionally delegate legilsative power to the President in the Joint Resolution authorizing the President to place an embargo on arms shipments to countries at war in South America. The case is cited for the proposition that the President alone has the power to speak or listen as a representative of the nation.
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) ("The Steel Seizure Case"). The Supreme Court's decision limited the power of the President to sieze private property absent constitutional or Congressional authority even when the President cites to national security interests. Justice Jackson's concurrence is regularly cited for his categories of Presidential authority in relationship to Congress.
Case Three