United States Use of Force against Terrorism and the Threat of Terrorism: An Analysis of the Past Four U.S. Presidents¿ Use of Force to Combat International Terrorism.

摘要

The thesis analyzes how the administrations of Ronald Reagan,udGeorge H.W. Bush, Bill Clinton, and George W. Bush used force in responseudto incidents of international terrorism. Key players in each administration andudwhether they advocated a law enforcement approach or a war paradigmudapproach to counterterrorism are examined. In addition, Koh¿s pattern ofudexecutive initiative, congressional acquiescence, and judicial tolerance formsuda theoretical lens through which to compare and contrast administrations. Anudassessment of the role of Congress in making the administrations¿udcounterterrorism policies confirms the vitality of this pattern, and suggestsudfuture administrations will adhere to it. During the George W. Bushudadministration, Koh¿s pattern of executive initiative (led by personalities likeudVice President Cheney), congressional acquiescence, and judicial toleranceudcombined with the 9/11 tragedy and pervasive fears of another attack toudcreate a ¿perfect storm¿ known as the ¿war on terror¿. The research alsoudanalyzes to what extent the four administrations were constrained byudinternational legal norms on the use of force, i.e. articles 2(4) and 51 of the UNudCharter. On the domestic side, the thesis analyzes the extent to whichudAmerican legal norms on the use of force constrained the administrations.udAlthough the lack of compelling constraints on the use of force is present in alludfour administrations, the thesis indicates that the George W. Bushudadministration embodied an extreme example of this trend.