AUMF
Highlights:
A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF
President Biden should proclaim the conflict authorized by the 2002 resolution to be over and determine that it is no longer “necessary and appropriate” to use force for the…
Regional Conflict in the Middle East and the Limitations of the War Powers Resolution
The involvement of U.S. armed forces in hostilities in this tinderbox—without congressional authorization—should spur the legislative branch into action, including to enact…
Key Takeaways from September 28 House Foreign Affairs Committee Hearing on AUMF Reform
The HFAC hearing clarified the shallowness of the Biden administration’s conception of AUMF reform, divisions between the political branches and within the House, and the risks…
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.
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.
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.
68 Articles
The House Tackles Zombie War Authorizations: Possibilities and Perils
Congress is trying to reassert itself after more than two decades of acquiescence to executive branch overreach on matters of war and peace.
Recovering a Role for the Courts in Decisions to Wage War: How Congress Can Overcome the Political Question Doctrine (Some of the Time)
Congress should consider when and how the laws it enacts will be enforced and take steps to empower members of Congress to effectively challenge illegal wars in court.
Congress Should Limit, Not Expand, Irregular Warfare Authority
Section 1202 of the NDAA is an overbroad authority that risks widening the aperture for U.S. forces to engage in and direct combat in unauthorized, foreign wars.
Opaque Transparency on the Use of Force: Observations on the 2022 “1264” Report
The 2022 report illustrates the limits of congressionally mandated reporting requirements on matters of war and peace and the need for Congress to be more proactive in informing…
Permanently Winding Down the War on Terror Requires Greater Transparency
Increased transparency is needed to ensure the United States makes a definitive turn away from endless war.
Missed Opportunities and Minor Progress: The FY 2023 National Defense Bill and War Powers
One big disappointing omission and otherwise a mixed bag from the standpoint of winding down the United States’ forever wars -- despite leaders of both parties having proclaimed…
How Support to Partner Forces Enables Secret War
With security cooperation as a means of pursuing U.S. military objectives becoming more frequent, Department of Defense-led security cooperation, particularly under §§ 333, 127e,…
Ending Perpetual War
With the threat of terrorism receding, the Biden administration should seize the moment and illuminate a path back to peace.
What the White House Use of Force Policy Means for the War in Somalia
In principle, the new policy tightens safeguards for airstrikes and special operation raids. But it contains loopholes that will likely allow business as usual for USAFRICOM in…
The Biden Drone Playbook: The Elusive Promise of Restrained Counterterrorism
The new policy guidance on direct action is welcome, but more work is needed to fulfill the promise of restrained counterterrorism.
Biden’s New Counterterrorism Policy Guidance Further Entrenches the Forever War
Biden's classified policy memorandum on counterterrorism drone strikes is just one more stepping stone in the long path of the forever war.
Assessing Biden’s New Policy Framework for Counterterrorism Direct Action
Biden's new counterterrorism framework is consistent with policy efforts to dial back the war on terror.