AUMF

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USTR Robert Lighthizer swears in Deputy USTR C.J. Mahoney, who is accompanied by his wife Becca.

Questions the Senate Should Ask State Legal Adviser Nominee CJ Mahoney

The State Department Legal Adviser is the most senior U.S. lawyer responsible for ensuring the United States upholds its international legal obligations, which is now, more than…
Side by side photos of a Congressional document labeled, “H.J. Res. 542” and the remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

The Soleimani Strike and War Powers

Key Legal Questions, With Preview of a New Research Database
US Secretary of the Army Mark Esper, nominee to be Secretary of Defense, testifies during a Senate Armed Services Committee confirmation hearing on Capitol Hill in Washington, DC, July 16, 2019.

What Did We Learn About Mark Esper and How He Views the World?

From Iran to Afghanistan to collective self-defense, the big takeaways from the Senate confirmation hearing for Mark Esper, nominated by the president to be defense secretary.…

Now is the Time to Repeal the 2002 AUMF

Repealing the 2002 AUMF would take an unnecessary force authorization off the books, ensure it can’t be improperly invoked to drag the U.S. into unauthorized war, and reassert…
General Amir Ali Hajizadeh, Iran's Head of the Revolutionary Guard's aerospace division, looks at debris from a downed US drone reportedly recovered within Iran's territorial waters and put on display by the Revolutionary Guard in the capital Tehran on June 21, 2019.

Self-Defense in International Law: What Level of Evidence?

With the question of whether Iran's actions justify the use of force, the issue of evidence is once again at the forefront of international debate. So, how much evidence does a…
US Secretary of State Mike Pompeo arrives to announce the creation of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

An analysis of State Dept's major concession, whether the one stated exception is a loophole for military action, and what Congress should now do.
U.S. Speaker of the House Nancy Pelosi (D-CA) answers questions during a press conference at the U.S. Capitol on May 09, 2019 in Washington, DC.

New Legislation Offers Opportunity to Address 2001 Authorization for Use of Force, Amid Fears of War with Iran

Thanks to a new amendment that will be introduced today to must-pass legislation, Congress will have the opportunity to wrest greater control over its authorization of war under…
Treasury Secretary Steven Mnuchin, White House National Security Advisor John Bolton and Vice President Mike Pence listen to President Donald Trump announce his decision to withdraw the United States from the 2015 Iran nuclear deal in the Diplomatic Room at the White House May 8, 2018 in Washington, DC.

About that Trial Balloon on Using 9/11 AUMF to Authorize Strikes on Iran

Monday’s Washington Times included a breathless “Exclusive” report titled “Iran-al Qaeda Alliance May Provide Legal Rationale for U.S. Military Strikes.” In the piece,…
Senate Majority Leader Mitch McConnell (R_KY) is trailed by reporters after speaking on the floor of the U.S. Senate on January 22, 2019 in Washington, DC.

Wolf in Sheep’s Clothing: Does the McConnell amendment provide a justification for military operations against Iran?

The Senate’s rebuke of President Trump announcing a precipitous withdrawal from Syria creates dangerous ambiguity as to whether confronting Iran should be considered part of…

How Dangerous—and How New—Is the Defense Department’s “Collective Self-Defense” Theory?

The Defense Department’s reliance on a broad interpretation of “collective self-defense” appears to authorize military operations further removed from congressional approval…

U.S. Military’s “Collective Self-Defense” of Non-State Partner Forces: What Does International Law Say?

Earlier this month, Senator Tim Kaine made public a letter he wrote to Secretary of Defense Jim Mattis asking for clarification on the meaning of “collective self-defense of…

A New AUMF Is Not a Solution to “Endless War”

Seventeen years have now passed since the attacks of September 11, 2001, and the launching of wars against terrorist groups tied to those attacks. While Congress and the George…
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