Authorization for Use of Military Force (AUMF)

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Just Security

The Unintended Consequences of the 2001 AUMF Sunset

I join Ryan Goodman in applauding the Senate Foreign Relations Committee under the strong leadership of its Chairman Bob Menendez (D-N.J.), Sen. Tim Kaine (D-Va.), and many others…
Just Security

Senate Foreign Relations Committee Approves ISIL AUMF and Sunset of 2001 AUMF

On Thursday, the Senate Foreign Relations Committee approved a draft authorization for the use of military force (AUMF) against ISIL (full text) by a margin of 10-8 along party…
Just Security

Kerry Outlines 5 Key Positions: What the Administration wants in an ISIL AUMF [Updated]

In his opening statement before the Senate Committee on Foreign Relations on Tuesday, Secretary of State John Kerry outlined the Administration’s position on  five core issues…
Just Security

An AUMF for ISIL: A Survey of Different Drafts & Proposals [Updated]

[I have updated this survey to include new proposals and in light of this week’s Senate Foreign Relations Committee hearings on drafting an AUMF.] With the President now…
Just Security

Highlights (and Concerns) for Senator Menendez’s Draft AUMF

Senator Bob Menendez, Chairman of the Senate Foreign Relations Committee, has circulated a draft authorization for the use of force (AUMF) against ISIL.  Importantly, Sen. Menendez…
Just Security

Debunking the “Vichy France” Argument on Authorization to Use Force against Co-Belligerents

If Congress authorizes the President to wage war against an enemy (e.g., Al Qaeda), can the President also wage war against co-belligerents of that enemy (e.g., Al Qaeda of the…
Just Security

Avoiding Unnecessary Wars and Preserving Accountability: Principles for an ISIL-Specific AUMF

Earlier today, a group of legal experts–including Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Harold Koh, and Marty Lederman–released a set of “Principles…
Just Security

Reauthorize the AUMF: Clever strategies to limit presidential power are constitutional, but unwise

Now that the Midterms elections are in the books, it should be possible to focus once again on an unresolved issue that has generated massive angst on both sides of the political…
Just Security

Authorizing Force: A Review of Turkish, Dutch and French Action

As the number of states using military force against ISIS in Syria and Iraq have increased, a series of domestic authorizations have emerged from their national executives and…
Just Security

Ending the Forever War is (Still) in Reach–a.k.a. How I Read the Goldsmith-Koh Exchange

Last week, Harold Koh wrote another important intervention in his efforts to help steer the United States out of “the Forever War.” That objective is to take the country eventually…
Just Security

Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 1 (Organizational Structure)

The administration’s position that ISIL is a successor of al-Qaeda deserves serious consideration. We do so in this post, and show some serious flaws in this position. What hangs…
Just Security

Security Agreement With Afghanistan Raises Key Questions About How and When War Ends

Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…
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