War Powers

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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."
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.
An aerial image shows migrants waiting along the border wall to surrender to Border Patrol agents for immigration and asylum claim processing

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.
U.S. Special Operations Commander Gen. Bryan Fenton, Assistant Defense Secretary for Special Operations Christopher Maier and Gen. Paul Nakasone, commander of U.S. Cyber Command and director of the National Security Agency, sit in at tables to testify before the Senate Armed Services Committee.

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.
CAMP SHORAB, AFGHANISTAN - SEPTEMBER 11: A U.S. Army helicopter flies outside of Camp Shorab on a flight to Camp Post on September 11, 2017 in Helmand Province, Afghanistan. About 300 marines are currently deployed in Helmand Province in a train, advise, and assist role supporting local Afghan security forces. Currently the United States has about 11,000 troops in the deployed in Afghanistan, with a reported 4,000 more expected to arrive in the coming weeks. Last month, President Donald Trump announced his plan for Afghanistan which called for an increase in troop numbers and a new conditions-based approach to the war, getting rid of a timetable for the withdrawal of American forces in the country. (Photo by Andrew Renneisen/Getty Images)

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…
Destroyed residential buildings hit by a missile

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.
Destroyed residential buildings hit by a missile

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.
A U.S. Army CH-47 Chinook helicopter takes off at sunset while transporting American troops out of a remote combat outpost known as RLZ on May 25, 2021 near the Turkish border in northeastern Syria.

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.
U.S. Soldiers of the 663rd Ordnance Company, 242nd Ordnance Battalion, drive military vehicles to the explosives range at Al Asad Air Base, Iraq, Nov. 29, 2019. The Explosive Ordnance Disposal Soldiers utilize these ranges to provide controlled disposal of explosive Ordnance. The Coalition is in Iraq by invitation of, and operates in close coordination with, the Government of Iraq. (U.S. Army photo by Spc. Derek Mustard)

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…
A US army battle tank drives with other infantry-fighting vehicles across dunes.

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,…
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