2001 AUMF

Latest in 2001 AUMF

War Powers

War Powers and the Su-22 Episode: Third-Party Defense of Coalition Partners

Early Sunday evening, a US Navy F/A-18 Super Hornet shot down a Syrian Air Force Su-22 that had just completed a bombing run targeting US-backed Syrian Democratic Forces (SDF) in the Raqqa region.  The episode raises important questions under the U.N. Charter (see Adil Ahmad Haque’s analysis here).  But what about U.S. domestic law?  

AUMF Reform

Section-by-Section Analysis of Rep. Schiff's AUMF Proposal

Representative Adam Schiff has revived his effort to get Congress to replace the 2001 and 2002 AUMFs with a new “Consolidated AUMF” that would explicitly name the Islamic State. What follows below is a section-by-section analysis of H.J. Res. 100, intended to highlight the key moving parts while also flagging a few issues that deserve further attention should the bill move forward.

2001 AUMF

Mullah Mansour as a "Continuous" Threat: Was the AUMF Strictly Necessary?

The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels.  From an international law perspective, as Marty Lederman explains here, it looks to be another example of action under color of the much-discussed unwilling/unable principle (unless of course there was conse

War Powers

The ISIS Lawsuit and the Perverse Effects of National Security Litigation

These kinds of advocacy lawsuits against the President in the national security arena often have perverse effects on the resulting law. The intent is generally to force constraints onto the executive branch, but the further along this lawsuit gets, the greater the risk it will result in less, rather than more, accountability and constraint on the Executive’s power.

Iraq

A Heroic Operation to Free ISIL Prisoners...and a Reminder that the "Assist" Mission Can Mean U.S. Troops in Ground Combat

In a dramatic predawn raid, dozens of Delta Force operators deployed alongside elite Kurdish troops to raid an ISIL compound in Iraq in hopes of freeing prisoners who were under threat of imminent execution.  It seems the mission was largely a success, though one American operator was shot and killed in the fighting, and several of the Kurds were wounded as well.  

Targeted Killing: Drones

A Response to the “Drone Papers”: AUMF Targeting is a Deliberate Process with Robust Political Accountability

The Intercept’s “Drone Papers” leaker “believes the public has a right to know how the U.S. government decides to assassinate people.” But the documents themselves are hardly as damning as the breathless tone of the reporting suggests. 

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