The U.S.-led military operation in Haiti has unfolded with minimal violence and few casualties so far. That factual proposition – which is necessarily subject to revision – has important ramifications under both U.S. constitutional law and international law. On the constitutional level, the avoidance of hostilities defused what was poised to become a serious confrontation between the President and the Congress. On the international level, doubts in some quarters about the legitimacy of a forcible intervention, although not entirely allayed, were somewhat quieted with the achievement of a negotiated solution, which enabled U.S. troops to bring about the return to power of President Aristide without having to shoot their way into Haiti.
Constitutional Law | International Law | Law | Military, War, and Peace
Lori F. Damrosch,
The Constitutional Responsibility of Congress for Military Engagements,
Am. J. Int'l L.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/4110