US Military
324 Articles

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."

Military Justice Reform, the 2020 Pledge, and the President’s Power
A pledge by presidential candidates is necessary but more could be done. The next Congress should prioritize the independent military prosecutor measure. Failing that, a president…

Why the US Military Needs to Rethink How It Investigates Civilian Harm
A new report analyzed a total of 228 investigations into reported civilian harm in Afghanistan, Iraq, and Syria between 2002 and 2015.

Afghanistan Papers, the Miniseries, Or How I Learned to Stop Worrying and Love the Bombshell
The Washington Post describes the story as uncovering a widespread effort by U.S. officials to “conceal the truth” about the war. A close reading shows that's not the case.

Pentagon Deployment of New, “More Usable” Nuclear Weapon Is a Grave Mistake
DoD now acknowledges it has deployed a new, sea-based nuclear warhead capability. But the administration’s stated rationale for the new weapon is deeply flawed, and the decision…

What the State Department Legal Adviser Promised Congress on Iran
Will Mr. Marik String keep his word?

The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes
A classified war powers report won't do it. A formal, public explanation of the facts and legal justifications is legally required thanks to Congress’ having recently passed…

Why the 2002 AUMF Does Not Apply to Iran
There is no congressional statute authorizing military attacks on Iran.

Mark Esper vs. Mark Esper on the 2002 AUMF and Iran
In his recent nomination hearing for Secretary of Defense, Mark Esper told Senator Duckworth the 2002 AUMF would not cover military action against Iran.

Civilian Casualties: A Case for U.S. Condolence Payments in Syria
The U.S. military acknowledges it unintentionally killed 40 civilians in a 2017 air strike, but rejects appeals to help those who survived.

The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database

Trump Loved “His Generals”—Until He Got To Know Them
The caricature of a “a gruff, tough-guy persona" with powerful toys lay at the heart of the contradiction Trump promised as a candidate in 2016.