US Military
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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…
Principles to Guide Congressional Authorization of the Continued Use of Force Against ISIL—Clarification on Sunset Provision
On Monday, a group of eight legal experts, including some Just Security editors and some not, released a document entitled, “Principles to Guide Congressional Authorization…
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…
Military Commissions After Guantánamo
This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
One More Thing on Goldsmith & Waxman
There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
Rejecting the Bush Comparison: A Response to Goldsmith & Waxman
Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
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…
Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 2 (Organizational Goals)
The key question we are asking in this (two-part) series of posts is whether Congress’ 2001 Authorization for Use of Military Force (AUMF) applies to ISIL. More precisely, we…
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…
Kaine’s Proposed AUMF Would Allow Limited Ground Combat Against ISIL
Sen. Tim Kaine (D-VA), this morning released a draft proposal of an AUMF against the Islamic State that would authorize American ground troops to engage in limited combat in Iraq…
The House’s New Proposal for an AUMF Against ISIL
Rep. Adam Schiff (D-CA) proposed today an authorization for military force against ISIL, detailed in a statement on his website, complete with draft text. Schiff’s proposal…
Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?
I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…