International Law: LOAC: Detention

Look Who Has Discovered Inherent Presidential Powers

By Benjamin Wittes
Wednesday, May 8, 2013, 2:11 PM


From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chief to regulate the movement of law-of-war detainees, as diplomat-in-chief  to arrange diplomatic transfers, and as prosecutor-in-chief to determine who should be prosecuted and where."