War Powers

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.

Mar. 30, 2023 Katherine Yon Ebright

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.

Mar. 24, 2023 Brianna Rosen

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…

Mar. 14, 2023 Heather Brandon-Smith and Brian Finucane

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.

Jan. 23, 2023 Claus Kress, Stephan Hobe and 1 more

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.

Jan. 23, 2023 Claus Kress, Stephan Hobe and 1 more

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.

Jan. 18, 2023 Neil Renic

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…

Dec. 15, 2022 Brian Finucane and Heather Brandon-Smith

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,…

Nov. 3, 2022 Katherine Yon Ebright

Graffiti showing a US drone is depicted on a wall to protest against US drone strikes on September 19, 2018 in Sana'a, Yemen.

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.

Oct. 11, 2022 Brian Finucane

US President Joe Biden addresses the Major Economies Forum on Energy and Climate from the South Court Auditorium of the Eisenhower Executive Office Building, next to the White House, in Washington, DC on June 17, 2022. - Biden hosts the virtual summit of major economies.

The Biden Administration Should Begin its “War on Secrecy” by Releasing Key War Powers Reports

Providing a meaningful report to Congress - and the American public - on legal and policy frameworks governing the use of force and related national security operations is not…

Aug. 26, 2022 Heather Brandon-Smith

Image: A group of about 12 men, all wearing white cowboy hats, sit around a conference table. Texas Governor Greg Abbott sits at the end of the table, speaking, in front of the seal of the state of Texas and flanked by American and Texas flags. AUSTIN, TX - JULY 10: Texas Gov. Greg Abbott speaks during a border security briefing with sheriffs from border communities at the Texas State Capitol on July 10, 2021 in Austin, Texas. (Photo by Tamir Kalifa/Getty Images)

The Biden Administration’s Options for Responding to Abbott’s Unconstitutional Border Enforcement Executive Order

The Texas governor has invoked war powers to respond to migrant arrivals at the border - potentially usurping federal prerogatives.

Jul. 13, 2022 Katherine Yon Ebright and Joseph Nunn

US vehicle is pictured at a military base in Rumaylan (Rmeilan) in Syria's northeastern Hasakeh province on July 28, 2020. (Photo by Delil SOULEIMAN / AFP) (Photo by DELIL SOULEIMAN/AFP via Getty Images)

Still at War: The United States in Iraq

There are both benefits and risks to maintaining a U.S. military presence in Iraq.

May 18, 2022 Crispin Smith