War Powers
175 Articles
To the 2020 Candidates: As President, Would You Prevent Another Genocide?
Two types of questions — asking about a specific country context or a broad use-of-force policy — have guided debates on the national stage about the U.S. role in atrocity…
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…
Getting Past the Veto on Ending Yemen War: How Congress’ Next Moves Can Succeed
Congress can now take two paths to end Yemen War, in light of President's Trump successful veto. A short-term and long-term strategy.
What’s the Mission in Syria? The Answer May be Illegal and Without U.S. Allies’ Support
Statements about a US "peacekeeping" force and a mission to counter-Iran raise serious legal questions and threaten to unravel U.S. allies' support for future U.S. operations inside…
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
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…
Post-9/11 Generation Reaches Enlistment Age in Unmoored ‘War on Terror’
Human Rights First International Legal Counsel Rita Siemion says it's long past time to ensure that war-based authorities are used only when specifically authorized by Congress…
Senator Merkley’s Smart New Alternative AUMF Proposal
Yesterday, Senator Jeff Merkley (D-Ore.) released a new proposal for an authorization to use military force, or “AUMF.” As Merkley explained in last week’s AUMF hearing before…
If Mattis Meant to Assert Self-Defense for the Syria Strike, He Was Wrong
Since the United States conducted a military strike on various targets associated with the Syrian government’s chemical weapons program last week, prominent voices in the legal…
Bad Legal Arguments for the Syria Strikes
There is no apparent domestic or international legal authority for the airstrikes conducted in Syria on April 14.
The Senate Can’t Hide From Debating U.S. Assistance to the Saudi War in Yemen
Last week, the Senate debated a resolution proposed by Senators Sanders, Lee, and Murphy under the War Powers Resolution (WPR) to end U.S. assistance to the Saudis in their war…
When Does the Legal Basis for U.S. Forces in Syria Expire?
The State Department announced earlier this year that the “full and complete defeat of ISIS” is a necessary condition for ending U.S. military operations in Syria. But Senators…