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Use of Force

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943 Articles
The dome of the US Capitol Building against a blue sky.

Why “Associated Forces” Should be Kept Out of Any New AUMF

Any new AUMF must be limited to only the clearly specified non-state armed groups Congress has voted to authorize war against.
The U.S. Capitol in Washington, D.C.

Questions for Congress to Ask the Biden Administration at the AUMF Hearing

Congress should seek to determine how the executive branch interprets and relies on the 2001 AUMF and where the administration stands on proposed reforms that have been widely…
The General Assembly of the United Nations with a voting board that reads "In Favor 141, Against 5, Abstention 35."

The Future Battlefield: Governed by International Law or Kriegsraison?

Russia's justifications for its invasion of Ukraine and the international response demonstrate the enduring relevance of international law.
Ukrainian President Volodymyr Zelensky and Secretary-General of the United Nations Antonio Guterres shake hands in front of the U.N. and Ukrainian flags

Making Counter-Hegemonic International Law: Should A Special Tribunal for Aggression be International or Hybrid?

The increasingly polarized debate over the tribunal’s institutional design – international or hybrid – goes to the heart, and core purpose, of international criminal justice,…
The U.S. Capitol in Washington, D.C.

Analyzing Previously Undisclosed Use of Force Reports: Challenges of Congressional Oversight of the War on Terror

The executive branch, through noncompliance and defiance, has delayed providing Congress with sufficient information on the war on terror.
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How the Expansion of “Self-Defense” Has Undermined Constraints on the Use of Force

Legal Scholar Oona Hathaway examines how expansive U.S. interpretations of "self-defense" have shaped international law.
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Finally Ending America’s Forever War, Part II: Prescription

Leading legal scholar Harold Hongju Koh presents a long-term strategy for ending the "war on terror."
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Introduction to Symposium: Ending Perpetual War

Marking the 22nd anniversary of 9/11, our new Symposium reflects on the enduring legacies of the "war on terror" and prospects for finally leaving the war path.
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Finally Ending America’s Forever War, Part I: Diagnosis

On the 22nd anniversary of 9/11, leading legal scholar Harold Hongju Koh offers a grim diagnosis of how we got here and the challenges ahead.
Ukrainian flags in memory of soldiers who died during the war against Russia are seen on the Maidan Nezalezhnosti

Accountability for Russian Imperialism in the “Global East”

Despite a tendency to analyze global divisions over aggression trials through a “West” versus “Global South” binary, the longer-term stakes of accountability for Ukraine…
Protesters hold signs in French opposing ECOWAS.

An International Law Assessment of ECOWAS’ Threat to Use Force in Niger

Under international law, the only possible legal basis for a potential ECOWAS military intervention would be an invitation by Niger extended to ECOWAS to use force on its territory.
STRAIT OF HORMUZ (Aug. 6, 2023) An L3 Harris Arabian Fox MAST-13 unmanned surface vessel, front, the U.S. Coast Guard fast response cutter USCGC Charles Moulthrope (WPC 1141), the dry cargo and ammunition ship USNS Amelia Earhart (T-AKE 6) and the guided-missile destroyer USS Thomas Hudner (DDG 116) transit the Strait of Hormuz, Aug. 6, 2023. (U.S. Navy photo)

Renewed Tensions in the Persian Gulf: Further War Powers Lessons from the Tanker War

The possibility of unilateral use of force spiraling into conflict in the Middle East should generate a sense of urgency on Capitol Hill for tackling war powers reform.
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