Authorization for Use of Military Force (AUMF)

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About that “Deconfliction Zone” in Syria: Is the United States on Firm Domestic and International Legal Footing?

The U.S. military has at least three times in recent weeks engaged in hostilities against pro-Syrian regime forces near the At Tanf garrison in southern Syria and shot down a pro-regime…

Important Features of Senators Kaine and Flake’s Proposed War Authorization for ISIS–with Annotations

Just Security serves as a space for discussion of whether now and how exactly Congress should tailor legislation authorizing the Executive Branch to wage war against ISIS. On…

The U.S. Strike against Pro-Assad Forces and the 2001 AUMF

U.S. officials have said that the U.S.-led coalition in Syria struck pro-Assad forces that were advancing inside an established “de-confliction” zone and toward a military…

2 Points by Stephen Preston on a Congressional War Authorization for ISIS

Stephen Preston, former General Counsel to the CIA and to the Department of Defense, was a speaker at a recent Heritage Foundation event entitled, “Is it Time for Congress…

An ISIS AUMF: Where We Are Now, Where to Go Next, and Why It’s So Important to Get It Right

At a Heritage Foundation event on Monday, freshman Senator Todd Young (R-IN) told the audience “it is long past time for Congress to consider and pass an AUMF [authorization…
Just Security

Reminder by Charlie Savage of Surveillance Implications of ISIS AUMF

  Charlie Savage, correspondent for The New York Times and author of “Power Wars,” was a speaker at a recent Heritage Foundation event entitled, “Is it Time for…
Part of a newspaper headline reading, “Against ISIS”

Why Congress Should Not Add “Successor Organizations” in Authorizing War Against ISIS

Years from now, what organizations will be the successor entities to Al-Qaeda, the Taliban, and ISIS? Of course nobody knows the answer, not even the groups themselves. With that…
The sun sets on the United States Capitol building.

The Perils of a Congressional Authorization to Fight ISIS

On September 18, 2001, nobody could have imagined how far Congress’s Authorization for the Use of Military Force (AUMF) would be stretched nearly sixteen years later and across…
Just Security

The Troubling Application of the Political Question Doctrine to Congressional Force Authorizations

The U.S. District Court for the District of Columbia on Nov. 21 dismissed the suit brought by U.S. Army Captain Nathan Michael Smith challenging the legality of the military campaign…

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…
Just Security

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…
U.S. Marine Corps Sergeant, Special-Purpose Marine Air-Ground Task Force Africa, coaches a Uganda People's Defense Force soldier on March 7, 2013, at a shooting range.

State Dep’t Legal Adviser’s Answer to “Acute Question” on US Mil. Action against Al-Shabaab

On Friday, the Legal Adviser of the State Department, Brian Egan answered questions posed to him by New York Times journalist Charlie Savage on the current reach of Congress’s…
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