Authorization for Use of Military Force (AUMF)

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A flag waves in front of the U.S. Capitol building.

Biden’s Support of 2002 AUMF Repeal: The Start of a Long Overdue Conversation

On Monday, President Joe Biden, like President Obama two terms before him, officially embraced repeal of the outdated 2002 Authorization for Use of Military Force with a Statement…
A Yemeni child standing under a damaged building looks out of a missing wall at buildings that were heavily damaged in an air strike in the southern Yemeni city of Taez.

Legally Sliding into War

"We need to grapple with the legal mechanisms through which presidential administration after administration has legally justified escalating, elongating, and expanding conflicts…
Speaker of the House Nancy Pelosi (D-CA) sits with U.S. President-elect Joe Biden during a meeting that included Vice President-elect Kamala Harris and Senate Democratic Leader Chuck Schumer (D-NY) (not shown) at the Queen Theater on November 20, 2020 in Wilmington, Delaware. They sit at a large horse-shoe or square table allowing ample room for social distancing. An American flag stands behind the table near President-elect Biden.

Principles for a 2021 Authorization for Use of Military Force

The Biden administration and new Congress have an opportunity to fundamentally rethink the congressional authorization of military force against terrorist groups. Here are seven…
The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo

Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
A U.S. Air Force MQ-1B Predator unmanned aerial vehicle (UAV), awaits a mission at an air base in the Persian Gulf region on January 7, 2016.

To End the Forever Wars, Rein in the Drones

In drawing down the U.S. conventional military footprint, policymakers should resist relying reflexively on drone strikes in its place. Biden has a unique opportunity to chart…
U.S. special operations service members conduct combat operations in support of Operation Resolute Support in Southeast Afghanistan, May 2019. The image is dark and the service members are lit in a low green light.

Defining “Endless War” is Essential for Proper Strategic Analysis of America’s Wars

Clarifying what makes today’s war endless helps point toward the much-needed changes to existing authorizations and the culture that views military force as the proper response…
Graves of people including children who were killed in the war including airstrikes carried out by warplanes of the Saudi-led coalition, are seen at a cemetery on June 17, 2020 in Sana'a, Yemen.

Defense Policy Negotiations Near Completion in Congress, With Human Rights Provisions in Play

Issues at stake include militarization of law enforcement, civilian casualties, military base renaming, arms transfers, and more.
A piece of parchment reading, "The Good Governance Papers - A Collection of Essays - Written in favor of the Constitution and Rule of Law - As written upon by Just Security - Fall 2020"

Good Governance Paper No. 14: War Powers Reform

Essay in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.
Razor wire tops the fence of the U.S. prison at Guantanamo Bay.

Toward a New Approach to National and Human Security: Introduction

One year from today marks the 20th anniversary of 9/11. A president addressing the nation on such a solemn occasion should be able to tell the American people not only that there…
USTR Robert Lighthizer swears in Deputy USTR C.J. Mahoney, who is accompanied by his wife Becca.

Questions the Senate Should Ask State Legal Adviser Nominee CJ Mahoney

The State Department Legal Adviser is the most senior U.S. lawyer responsible for ensuring the United States upholds its international legal obligations, which is now, more than…
US Capitol Building

An Incremental Step Toward Stopping Forever War?

If Congress wants to end the forever wars, it will have to start reclaiming the authority it has ceded under the 2001 AUMF. It may be ready to start trying.
Flags of USA and Iran

White House ‘1264 Notice’ and Novel Legal Claims for Military Action Against Iran

"The administration’s positions amount to a fundamental revision of existing legal foundations for military action against Iran that can be undertaken by this and future presidents."
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