An enemy by any other name : the necessity of an "associated forces" standard that accounts for Al Qaeda's changing nature
Frank M. Walsh
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Arizona journal of international and comparative law, Vol. 32, no. 2, 2015, p. 349-370
This article argues that the Authorization for the use of military force (AUMF) authorizes the United States president to use military force against al Qaeda’s “associated forces,” and that authorization is critical to America’s ability to target an enemy that is undergoing an internal reorganization. The proper scope of “associated forces” has been applied in the detention context, where courts have held that the United States has the authority to detain members of al Qaeda’s “cobelligerents,” as that term is defined under the law of armed conflict (LOAC). Part I of this article argues that the “associated forces” provisions developed in detainee jurisprudence apply to the AUMF’s use of force authority. Part II discusses the two current definitions for “associated forces” that are currently being used. Part III argues that an “associated force” is best defined as “cobelligerent” under the LOAC.
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