War Powers
180 Articles
President Obama’s Report on the Legal and Policy Frameworks Guiding and Limiting the Use of Military Force [UPDATED]
The Administration just released five new documents relating to the use of force, including detention, in counterterrorism operations against nonstate armed groups. The most important…
Questions for the Defense Department’s General Counsel
On Monday, Nov. 28 at 6 p.m., Jennifer O’Connor, general counsel of the Department of Defense, is giving a talk at NYU School of Law on “Applying the Law of Targeting to the…
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…
The Terminology of War and the Consequences for Executive Power
Just Security has hosted a number of interesting exchanges over the last week concerning the international and political implications of identifying the existence of an armed conflict.…
Just Security’s Questions for Clinton and Trump
Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…
Donald Trump’s Wall, David Rieff’s Long War, and the Dangers of Fear-Mongering
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
The Obama Legal Team and the Lawfulness of Attacking Assad
Editor’s note: This post also appears on Charlie Savage’s blog Power Wars and Lawfare. Several prominent law professors who were formerly members of the Obama national security…
“Effective” Policy in Syria: Ambassador Robert Ford’s View
I wrote here yesterday in response to a post by Marty Lederman and Ashley Deeks about the recent, much-publicized dissent channel cable signed by 51 US diplomats. While my discussion…
Another Legal View of the Dissent Channel Cable on Syria
Since Vietnam, East Pakistan, and the Balkans, it has been a time-honored tradition that State Department officials who disagree with official policy may challenge it through the…
Would airstrikes against Assad be lawful and effective?: Reactions to the State “dissent cable”
Editor’s note: This post also appears on Lawfare. As you have probably read, 51 career foreign service officers in the State Department have written an internal memorandum recommending…
Is it legal to target ISIL’s oil facilities and cash stockpiles?
An important story in yesterday’s New York Times explains how the U.S. and coalition forces have dramatically increased their targeting of ISIL’s oil facilities (including…