War Powers
97 Articles
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…
How to Recover a Role for Congress and the Courts in Decisions to Wage War
A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…
The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database
To the 2020 Candidates: As President, Would You Prevent Another Genocide?
Two types of questions — asking about a specific country context or a broad use-of-force policy — have guided debates on the national stage about the U.S. role in atrocity…
Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars
Former senior State Department lawyer, Todd Buchwald, who worked on war powers issues during the 1980s Tanker Wars involving U.S. military actions against Iran, explains how the…
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…
Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now
Attorney General Barr’s extreme past positions on unilateral presidential power could cut out any required role for Congress in authorizing or rejecting war. Here's what Congress…
The Limited War Powers Precedent of the Korean “Police Action”
In a recent piece in the Washington Post, Professor Mary Dudziak drew attention to the Executive Branch’s continued reliance upon President Truman’s police action on the Korean…
The Senate Strikes Back: Checking Trump’s Foreign Policy
Though the Senate vote on cessation of military assistance for the Saudi War in Yemen will have no practical effect – the House of Representatives will not take up the matter…
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…
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…