Guerra ao terror: Análise da Doutrina Bush perante o Direito Internacional

Abstract

This dissertation examines the Bush Doctrine within the context of International Law in light of Jus ad bellum and Jus in bello. Implemented after the September 11, 2001 attacks, this doctrine reconfigured the United States’ approach to the use of force and the detention of prisoners of war, significantly impacting International Law. Under the justification of the “War on Terror”, the U.S. undertook invasions in Afghanistan and Iraq, claiming preventive self-defense and attempting to modify the traditional interpretation of Jus ad bellum under the UN Charter (ONU, 1945). This approach sparked controversies over the legality of the interventions and raised questions about state sovereignty and adherence to international norms. Within the scope of Jus in bello, the dissertation explores the detention of prisoners of war, particularly in Guantanamo, where detainees were classified as “enemy combatants”. The Theory of the State of Exception by Schmitt (2006) and Agamben (2004) is used as a tool to analyze the suspension of rights in the name of national security. The Bush Doctrine, in its attempt to modify established precepts of International Law, has promoted an ongoing debate about the legality and ethics of anti-terrorism policies on the global stage.