War Powers

Latest in War Powers

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?

War Powers

Toward Transparency of Legal Position and Process and a White House Obligation to Disclose

A White House’s responsibility to explain the legal basis for military actions such as the Syria missile strikes is dangerously undefined. This is not a problem unique to the Trump Administration. Nor do the differences between administrations in the choice, the structure, or timing of transparency fall out exclusively among party lines. What has emerged is a transparency regime shaped largely by broad discretion and perceived political necessity.

War Powers

Do the Strikes on al Shabaab Stretch the AUMF or The Unit Self-defense Doctrine?

Charlie Savage’s piece on the legal basis for the March 5 U.S. strike against an al Shabaab training camp, which allegedly killed 150 fighters, raises the intriguing question of whether the AUMF has been stretched yet again, this time to justify U.S. operations against al Shabaab as a whole.

War Powers

Psychology and War Powers

The common denominator of nettlesome war powers questions is who should make the difficult and freighted decisions about whether the nation goes to war, how it fights a war, and when it ends a war. Surprisingly, however, scholars and commentators rarely (if ever) discuss how psychological research on decisionmaking impacts the constitutional design and doctrine around war powers issues. In the last four decades, psychologists have demonstrated systematic biases in individual and group decisionmaking processes.

  •  

Subscribe to Lawfare

EmailRSSKindle