Latest in AUMF

Guantanamo Bay

Gul v. Biden: Habeas Corpus and the Associated Force Doctrine in Guantanamo Bay Litigation

Judge Mehta’s 2021 decision granting Guantanamo Bay detainee Asadullah Haroon Gul’s writ of habeas corpus defines what the government must show to prove that a member of a former “associated force” should also be considered a part of al-Qaeda.

AUMF

No Substitute for the Real Thing: International and Congressional Use of Force Authorizations

Since President Truman’s “police action” in the Korean War, scholars in law and political science have considered the possibility that presidents would attempt to substitute congressional authorization with authorization from an international organization when using military force.

Executive Power

The Future of War Is Unilateral but Small

Recent moves and countermoves by the U.S. and Iran in the Persian Gulf over the past few months have increased speculation about the prospect of war in the region. Some members of Congress, including a few Republicans, have stated that the president cannot use military force against the Islamic Republic without the approval of the legislature.

AUMF

Senate Hearing On the Use of Military Force

On July 24, the Senate Foreign Relations Committee held a hearing titled, “Reviewing Authorities for the Use of Military Force.” The committee called David Hale, under secretary of state for political affairs and Marik String, Acting State Department legal adviser as witnesses. The witnesses’ complete written submissions are available below. A video recording of the hearing will be posted online here.

Iran

Parsing the State Department’s Letter on the Use of Force Against Iran

Recent tensions between the United States and Iran have led many members of Congress to speculate about what legal authority the Trump administration may claim it has to go to war without congressional authorization. On June 28, the State Department gave a partial answer to these questions, at least insofar as they relate to the 2001 and 2002 Authorizations for Use of Military Force (AUMFs).

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