NCJ Number
140638
Journal
Air Force Law Review Volume: 34 Dated: (1991) Pages: 109-152
Date Published
1991
Length
44 pages
Annotation
This article examines the legal and political issues raised by the increased use of the U.S. military to fight the drug war both at home and abroad.
Abstract
Section I presents a brief background to the drug problem, as it focuses on the deleterious effects that the illegal drug trade has had on both Latin American nations and the United States -- problems that convinced the U.S. Congress to take stronger action to combat illegal drugs in America. Section II addresses domestic legal constraints on the use of the military to fight the production, sale, and use of illegal drugs. It also considers how Congress and the current administration, although bound by statutory restrictions, have recently expanded the role of the armed forces. Section III addresses extraterritorial legal and political considerations, and Section IV turns to the paramount issue of national security in an effort to determine whether or not the militarization of the drug problem is the best way to protect our national security and interests. The article concludes that although the use of the military in the drug war is an attractive option, there are a number of good reasons to limit the military's involvement. The militarization of the drug war may undermine the civil-military balance in the United States and in Latin America. The broad definition of the function of the military implied by its involvement in the drug war may diffuse the concept of national security that may become problematic in the future. A military whose mission is broadly defined will inevitably become involved in highly politicized issues that will hurt the military. Finally, the military can only address the manifestations of the drug trade; it cannot eliminate it. This will only happen when the demand for illegal drugs becomes so small that drug trafficking becomes significantly less profitable. 370 footnotes