Constitutional Control of Military Actions: A Comparative Dimension
Author(s)
Damrosch, Lori Fisler
Abstract
Throughout history, decisions to go to war have been made by a handful of individuals in powerful positions. The Persian Gulf crisis has shown all too vividly what dangers lie in the persistence of processes that put awesome amounts of force at the disposition of single individuals, and how much is at stake in developing and nurturing structures of deliberation and accountability. Legal and institutional structures are as critical as military might, both for the successful waging of a lawful war against aggression and for the preservation of the values for which civilized states must be ready to go to war. We must use the present moment to reflect on the legal and institutional structures that will best serve the rule of law, in war as well as in peace; and if the peacetime luxury of time for reflection has disappeared by the time this essay is printed, military exigencies will intensify, rather than obviate, the need for this inquiry.
