What should the United States and its partners do now that they've forced ISIS from it's de facto capital?
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There are a few legal questions worth considering.
Jihadist organizations disagree on an array of matters, from how to handle those who fall short of "true" Islam to whether such groups should push to establish a caliphate.
A pretty remarkable development in today's House Appropriations markup on the Defense Appopriations bill. For many years, Rep. Barbara Lee (D-CA) has been putting forward amendments intended to repeal or sunset the 2001 AUMF. They normally do not go anywhere. This morning she moved one that would terminate the 2001 AUMF in 240 days, and lo-and-behold the majority went along with it. It passed with only Kay Granger (R-TX) opposing.
Perhaps Guantanamo Won't Get New Detainees After All? An Update on Efforts to Capture Islamic State Leaders
Yesterday, Eric Schmitt had a story in the New York Times providing a rare glimpse into the ongoing activities of the “Expeditionary Targeting Force” (“ETF”).
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?
The terrorism threat posed by the Islamic State is real but at times exaggerated and even more frequently misunderstood. Although U.S.-led advances against the Islamic State’s base in Iraq and Syria will likely continue, the United States is not fully prepared for the group’s defeat.
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.
With less than two months to go before it hands over power to the Trump administration, the Obama administration is continuing to fine-tune the legal, policy, and institutional architectures that guide its approach to the ongoing conflict with al Qaeda. Under that heading, I want to flag some important recent developments.
1. AUMF expansion: al Shabaab is now a full-fledged "associated force"