Argument: President has sole discretion to interpret i-law during war

Issue Report: Enhanced interrogation techniques


US Department of Justice Memo, March 14, 2003, justifying enhanced interrogation techniques – “Third, we examine the applicability of customary international law. We conclude that as an expression of state practice, customary intemationallaw cannot impose a standard that differs from U.S. obligations.under CAT, a recent multilateral treaty on the same sUbject. In any event, our previous opinions make clear that customary international law is not federal law and that the President is free to override it at his discretion.”