5 War Powers in National Law

Abstract

This chapter looks at the War Powers Resolution, passed by the US Congress in the wake of the conflict in Viet Nam. It considers its application in recent years with regard to Kosovo, Libya and Yemen. There is a consideration of how similar legislation or traditions contain the Executive from using force abroad in states such as the United Kingdom and Japan. The Chapter then considers measures taken in time of War in the United States and the United Kingdom which relate to the internment of enemy aliens, trading with the enemy, and the denial of access to the courts by such enemy aliens. The Chapter ends with an examination of the law on treason in various states and the requirement under some laws that certain forms of treason require a formal State of War.