War Powers
172 Articles

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.

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."

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.

DeSantis Campaign’s Border Proposal Raises Separation of Powers Concerns
Florida governor and U.S. presidential candidate Ron DeSantis has proposed action that would flout constitutional and statutory limits.

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.

Policy Alert: Iran-U.S. Hostilities Ratcheting Up in Syria
Tensions between Iran and the United States are escalating again following tit-for-tat hostilities in Syria.

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…

The Ukraine War and the Crime of Aggression: How to Fill the Gaps in the International Legal System
An expert analysis of the diplomatic and legal options for creating a tribunal for the crime of waging a war of aggression against Ukraine.

Війна в Україні та злочин агресії: Як заповнити прогалини в міжнародній правовій системі
An expert analysis of the diplomatic and legal options for creating a tribunal for the crime of waging a war of aggression against Ukraine.

The Limits of Remote Warfare: Aligning Values with Interests
The Biden administration should be more circumspect in its reliance on lethal force as a foreign policy tool outside of traditional war zones.

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,…