Authorization for Use of Military Force (AUMF)

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Now is the Time to Repeal the 2002 AUMF

Repealing the 2002 AUMF would take an unnecessary force authorization off the books, ensure it can’t be improperly invoked to drag the U.S. into unauthorized war, and reassert…
US Secretary of State Mike Pompeo arrives to announce the creation of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

An analysis of State Dept's major concession, whether the one stated exception is a loophole for military action, and what Congress should now do.
The State Department's director of policy planning and head of the Iran Action Group, Brian Hook, shakes hands with US Secretary of State Mike Pompeo after the announcement of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Asking the Right Question on Iran, Al-Qaeda and the AUMF

The President and senior members of his administration are trying to skew a critical public debate by framing it inaccurately. The stakes—including a potential new war in the…
The dome of the US Capitol Building

Take Back: How Congress Can Reclaim Its Power

Early in the Clinton administration, I served on the National Security Council staff when former Rep. Howard Berman, a California Democrat, called me one day to tell me that the…
U.S. Speaker of the House Nancy Pelosi (D-CA) answers questions during a press conference at the U.S. Capitol on May 09, 2019 in Washington, DC.

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…
Senate Majority Leader Mitch McConnell (R_KY) is trailed by reporters after speaking on the floor of the U.S. Senate on January 22, 2019 in Washington, DC.

Wolf in Sheep’s Clothing: Does the McConnell amendment provide a justification for military operations against Iran?

The Senate’s rebuke of President Trump announcing a precipitous withdrawal from Syria creates dangerous ambiguity as to whether confronting Iran should be considered part of…

U.S. Air Strike Data from Afghanistan Takes Step Back in Transparency

The U.S. military has stopped publishing important information on its air war in Afghanistan, just two months after deciding to release it. In October, the U.S. began publishing…

How Dangerous—and How New—Is the Defense Department’s “Collective Self-Defense” Theory?

The Defense Department’s reliance on a broad interpretation of “collective self-defense” appears to authorize military operations further removed from congressional approval…

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…

A New AUMF Is Not a Solution to “Endless War”

Seventeen years have now passed since the attacks of September 11, 2001, and the launching of wars against terrorist groups tied to those attacks. While Congress and the George…

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…

Guantanamo is No Answer–But Here’s What Can Work

While there are real challenges and difficult tradeoffs to be made, one question should not be difficult at all: nobody should be sent to Guantanamo.  It would be bad policy,…
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