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Articles by Stephen Pomper
One Man’s War
For the second time in under a year, U.S. President Donald Trump has launched strikes against Iran without presenting the pluses and minuses of another war in the Middle East to the American people.
One Man’s War | Flipboard
13 hours ago In a speech at a nuclear submarine base, Emmanuel Macron said “we must be feared. And to be feared, we must be powerful.” France will bring European nations into nuclear military drills and could allow its neighbors to host nuclear-capable fighter planes for the first time, President Emmanuel Macron …
War Powers: We Must Do Better Than the Current Monarchism
American presidents have gathered too much power to take the country into war. Toward the end of the Trump Administration, a movement to transfer some of that power back to Congress appeared to be gathering steam, driven in part by bipartisan war fatigue and in part by concern about what the erratic and impulsive Donald Trump might unilaterally do. But these efforts have largely petered out. This is a problem, and not just because Trump could well find his way back into the presidency.
War Powers: We Must Do Better Than the Current Monarchism
American presidents have gathered too much power to take the country into war. Toward the end of the Trump Administration, a movement to transfer some of that power back to Congress appeared to be gathering steam, driven in part by bipartisan war fatigue and in part by concern about what the erratic and impulsive Donald Trump might unilaterally do. But these efforts have largely petered out. This is a problem, and not just because Trump could well find his way back into the presidency.
Restoring Congress’s National Security Powers
The separation of powers, a concept foundational to our democracy, is crumbling. The Framers sought to create a national government free from tyranny. Believing the accumulation of all powers in the same hands to be the very definition of tyranny, they deliberately limited presidential authority.
Rebalancing National Security
By The Editors from Winter 2024, No. 71 – 1 MIN READ In recent decades, Congress’s approach to national security policymaking has been like Bartleby’s: It would prefer not to. This long-term relinquishing of authority has left the executive branch with increasing power to take extraordinary action with almost no oversight.
Would Prosecuting Russia Prolong the War in Ukraine?
Sign in and save to read later Print this article Share on Twitter Share on Facebook Share on LinkedIn Get a link Page url Request Reprint Permissions Do Not Delay Rebecca Hamilton Ukrainian President Volodymyr Zelensky is calling for the creation of a special international tribunal on aggression that could hold Russian President Vladimir Putin to account for starting an illegal war in Ukraine.
Can Ukraine Get Justice Without Thwarting Peace?
Ever since Russia launched its full-scale invasion of Ukraine in February 2022, some of the leading lights in international law have joined Ukrainian and Western officials in calling for the creation of a special tribunal to prosecute the Russian leaders responsible for initiating the brutal, illegal war. The tribunal would be set up specifically to try the crime of aggression—that is, a manifest violation of the UN Charter’s prohibition on the use of force.
Can Ukraine Get Justice Without Thwarting Peace?
Sign in and save to read later Print this article Share on Twitter Share on Facebook Share on LinkedIn Get a link Page url Request Reprint Permissions Ever since Russia launched its full-scale invasion of Ukraine in February 2022, some of the leading lights in international law have joined Ukrainian and Western officials in calling for the creation of a special tribunal to prosecute the Russian leaders responsible for initiating the brutal, illegal war.
How will the ICC's Arrest Warrant for Putin Play Out in Practice? Copy
It has been three days since the International Criminal Court (ICC) announced it had issued arrest warrants for Russian President Vladimir Putin and his Commissioner for Children’s Rights Maria Lvova-Belova. The alleged war crimes are vile. They involve the unlawful transfer and deportation of children from Ukraine into Russia, apparently so that their Ukrainian lives and identities can be erased.
How the Arrest Warrant for Putin Over Child Abductions Could Play Out in Practice
This piece was originally published on Just Security, an online forum for analysis of U.S. national security law and policy. It has been a few days since the International Criminal Court announced it had issued arrest warrants for Russian President Vladimir Putin and his Commissioner for Children’s Rights Maria Lvova-Belova. The alleged war crimes are vile.
How will the ICC's Arrest Warrant for Putin Play Out in Practice?
It has been three days since the International Criminal Court (ICC) announced it had issued arrest warrants for Russian President Vladimir Putin and his Commissioner for Children’s Rights Maria Lvova-Belova. The alleged war crimes are vile. They involve the unlawful transfer and deportation of children from Ukraine into Russia, apparently so that their Ukrainian lives and identities can be erased.
How to End Yemen’s Forever War
Sign in and save to read later Print this article Share on Twitter Share on Facebook Share on LinkedIn Get a link Page url Request Reprint Permissions In April 2022, the opposing sides in Yemen’s devastating civil war achieved a rare breakthrough. After eight brutal years of conflict, they signed on to a UN-brokered truce that significantly curtailed the fighting that had driven an already impoverished country into a massive humanitarian crisis.
U.S. Policy on Cluster Munitions and Russia’s War in Ukraine
Filed under: Cluster Munitions, landmines, Russia, Russia-Ukraine War [Editor’s note: The Reiss Center on Law and Security and Just Security present a new series, What You Need to Know: Unpacking the Law in Russia’s War Against Ukraine. In brief question-and-answer interviews with leading experts, we will probe some of the most urgent and unsettled legal questions in a tragic conflict that threatens to reshape the international legal and political landscape for years to come.
Targeted Killing and the Rule of Law: The Legal and Human Costs of 20 Years of U.S. Drone Strikes
Mr. Chairman, Ranking Member Grassley and members of the Committee, thank you for inviting me to testify today about the United States’ use of force in countering terrorism and more broadly as a tool of U.S. foreign policy. It is a privilege to be speaking before this distinguished committee.
2022 Update: Good Governance Paper No. 14: War Powers Reform
by Tess Bridgeman and Stephen Pomper January 21, 2022 [Editors’ note: At the one-year mark of the Biden administration, Just Security invited authors of the Good Governance Papers – originally published in October 2020 – to provide brief updates on their Papers, which explored actionable legislative and administrative proposals to promote non-partisan principles of good government, public integrity, and the rule of law.
Has War Become Too Humane?
Anyone hoping that this month’s 20th anniversary of the 9/11 attacks might bring some closure after two decades of war is going to be disappointed. By withdrawing U.S. troops from Afghanistan, the administration of President Joe Biden sought to create a sense that the United States’ string of exhausting and counterproductive interventions in the Middle East and South Asia was coming to an end. But the truth is more sobering.
Has War Become Too Humane?
Stephen Pomper Foreign Affairs Magazine September 21, 2021 What really allows the war on terror to persist. Read Full Article »
Has War Become Too Humane?
Anyone hoping that this month’s 20th anniversary of the 9/11 attacks might bring some closure after two decades of war is going to be disappointed. By withdrawing U.S. troops from Afghanistan, the administration of President Joe Biden sought to create a sense that the United States’ string of exhausting and counterproductive interventions in the Middle East and South Asia was coming to an end. But the truth is more sobering.
Crossing Back Over: Time to Reform the Legal Culture and Legal Practice of the “War on Terror”
by Brian Finucane and Stephen Pomper September 10, 2021 When the United States went to war after 9/11, it crossed into new legal territory, and in so doing placed executive branch lawyers in an extraordinary role. The president’s war powers are vast and tend to be exercised in secret. They are often deemed unreviewable by the courts and are almost always under-supervised by Congress.
A Giant Step Forward for War Powers Reform
by Tess Bridgeman and Stephen Pomper July 20, 2021 On Tuesday, Senators Chris Murphy (D-Conn.), Mike Lee (R-Utah), and Bernie Sanders (I-Vt.) introduced the most promising war powers reform legislation in decades as part of the larger National Security Powers Act of 2021 (NSPA).
The Weisselberg Indictment Is Not A “Fringe Benefits” Case
In the days before the July 1, 2021 issuance of the Manhattan District Attorney’s Weisselberg-Trump Organization indictment, public anticipation was positively underwhelming.
Recap of Recent Articles on Just Security (June 26-July 2)
Authorization for Use of Military Force/War Powers
Allen Weisselberg's Post-Indictment Strategic Considerations
Trump’s “eyes and ears” took a pounding in court on Thursday with a 15-count indictment that spanned tax fraud, grand larceny, conspiracy and more. The 73-year old accountant who it has been said, knows essentially where every penny goes regarding the Trump Organization, took a beating and will now have some big decisions to make that will impact how he chooses to live the rest of his life and how other members of his family may live theirs.
The Tucker Carlson Disinformation Show
Tucker Carlson is in the headlines this week for lobbing serious misconduct claims at the National Security Agency (NSA). The NSA, he said on his show, is spying on him in an attempt to force his show off the air.
War Powers Guard Rails Can Keep the U.S. From Sliding into a New Middle East War
by Brian Finucane and Stephen Pomper July 2, 2021 This week brought a vivid illustration of why it is so important to reinvigorate congressional war powers as a buffer against slipping into imprudent conflict. On Sunday, the United States struck three targets linked to Iran-backed paramilitary forces in Iraq and Syria, killing four fighters, and destroying facilities that it said were, among other things, used for drone attacks on U.S. troops.
Early Edition: July 2, 2021
Signup to receive the Early Edition in your inbox here. A curated guide to major national security news and developments over the past 24 hours. Here’s today’s news. TRUMP ORGANIZATION AND TRUMP New York prosecutors have unveiled a 15-count indictment charging the Trump Organization and its chief financial officer Allen Weisselberg.
How America Enables War in Yemen
Editor's Note: After this article went to press, the Biden administration announced a number of measures that align with recommendations it made, including reversing the Trump administration's designation of the Houthis as a terrorist organization, appointing a special envoy for Yemen, curtailing support for offensive operations by the Saudi-led coalition in the conflict, supporting the UN-led peace process, and offering assurances to Saudi Arabia regarding the defense of its territorial...
Principles for a 2021 Authorization for Use of Military Force
The Biden-Harris administration has inherited a “forever war” — in reality several different conflicts against distinct enemies — purportedly authorized by the nearly twenty-year old 2001 Authorization for Use of Military Force (2001 AUMF). As Secretary of State nominee Tony Blinken said in his confirmation hearing before the Senate Foreign Relations Committee, it is “long past time” for the executive branch to work with Congress on revisiting existing force authorizations. We agree.
Human Rights in a Time of Populism
The electoral successes of right-wing populists since 2016 have unsettled world politics. The spread of populism poses dangers for human rights within each country, and also threatens the international system for protecting human rights. Human Rights in a Time of Populism examines causes, consequences, and responses to populism in a global context from a human rights perspective. It combines legal analysis with insights from political science, international relations, and political philosophy.
US rescue operation: Exploits on our soil show that insurgents are not invincible
By Chibuike Nwabuko Abuja (Sundiata Post) – The Peoples Democratic Party has said that the latest exploits by the U.S and Chadian Predident on our soil only go to show that the bandits, vandals, kidnappers, insurgents are not invincible but have been allowed to take hold of our nation due to the failures of the Muhammadu Buhari administration.
Why coronavirus didn't consume Nigeria, Pastor Adeboye reveals
November 1, 2020 Political Editor Christian, Coronavirus, Enoch Adeboye, Mercy, Nigerians, pandemic, protection, Sunday service Abuja (Sundiata Post) – Pastor Enoch Adeboye of the Redeemed Christian Church of God, RCCG, on Sunday revealed why coronavirus did not consume Nigeria. Adeboye, who is the General Overseer of RCCG, disclosed that the mercy of God saved Nigeria from being consumed by COVID-19.
Steps are needed to avoid an election crisis in the US
By Robert Malley and Stephen Pomper Tomorrow’s US presidential election is unlike any other in living memory. Previous contests have been rancorous and some were described in existential terms. Never, at least in the past few decades, have Americans faced the realistic prospect of the incumbent rejecting the outcome, and rarely have partisan divisions risked escalating into armed conflict.
22 officers killed: Police lives matter, By Fredrick Nwabufo
Humanity is all inclusive. There are no higher or lesser humans. We all breathe the same air. Whether doctor, lawyer, journalist, police or soldier; we are all humans first, and as such we are entitled to the natural right to exist, to live. When this right is breached – even if it concerns our ‘’enemy’’ – we must all stand up against the violator and condemn the abomination. We cease being human when we selectively outrage against transgressions. Every breach of the human code must be condemned.
PDP threatens to challenge Onochie's nomination in court
The Peoples Democratic Party (PDP) has said it will not hesitate to challenge the nomination of the President Muhammadu Buhari’s personal aide, Lauretta Onochie, as a National Commissioner of Independent National Electoral Commission (INEC). The party said this might be necessary, if the letter from the president, scaled second reading at the Senate.
Oyigbo: Wike keeps mum as Nigerian soldiers, starvation wreak havoc in Rivers community
Governor Nyesom Wike has maintained a dangerous snub as Nigerian soldiers continued a deadly campaign against a densely-populated community in Rivers. Since last week, Nigerian soldiers have been laying a deadly siege to Oyigbo, a border community of Rivers and Abia just 30 kilometres east of Port Harcourt. The community with its over 300,000 people has seen dozens killed by soldiers over the past week, witnesses told Peoples Gazette on Sunday.
'APC rejected opportunity to prove relevance in A'Ibom'
November 1, 2020 ebere Akwa Ibom, All Progressives Congress, People’s Democratic Party A chieftain of the Peoples Democratic Party(PDP) Mr. Chris Udofia has chided the All Progressives Congress(APC) in Akwa Ibom for boycotting last Saturday’s local government election. Udofia, a former chairman of Uyo local government area, said the APC would have used the council election to muster grassroot support as well its political relevance ahead of the 2023 general elections.
5 feared killed, many injured in Lagos multiple accidents
November 1, 2020 ebere accident, emergency, Lagos State No fewer than five persons have been feared killed and many others injured in a multiple accident involving about 10 vehicles in Lagos. The accidents, witnessed said, occurred at Alumorufu in Iyana-Ipaja along the Lagos-Abeokuta Expressway. It was gathered a truck laden with beer bottles collided with a bus carrying worshippers of a Pentecostal church before tumbling on a car.
The US election's chaos quotient, By Nouriel Roubini
•Trump and Biden While hoping for a conclusive outcome on November 3 (or immediately thereafter), market watchers unfortunately must prepare for the worst. After all, US President Donald Trump and the Republicans are not even hiding their plans to steal the election.
US special forces storm Nigeria, kill six kidnappers, free abducted American
THE kidnap of an American citizen in neighbouring Niger Republic on Tuesday went awry on Saturday. American commandos, with security assistance from Nigeria, stormed the kidnappers’ den at an undisclosed locality in the north, killing all but one of the seven-member gang. The kidnap victim, Philip Walton, 27, was rescued alive in the early morning high-risk raid and returned to Niger immediately. Moments after the operation, President Donald Trump tweeted out his praise of the rescue mission.
Ekweremadu to lead conversation on citizen-led governance at Abuja BRANDish Meeting of Minds
LAGOS – Former Deputy Senate President, Prof Ike Ekweremadu, will lead discussions as eminent Nigerians gather in Abuja to discuss the possibilities and imperatives of a citizen-led approach to governance and nation marketing.
Good Governance Paper No. 14: War Powers Reform
by Tess Bridgeman and Stephen Pomper October 30, 2020 [Editors’ note: This essay is one in a series—the Good Governance Papers—organized by Just Security. In these essays, leading experts explore actionable legislative and administrative proposals to promote non-partisan principles of good government, public integrity, and the rule of law.
Can America avoid an election crisis?
BRUSSELS – The 2020 U.S. presidential election is unlike any other in living memory. Previous contests have been rancorous and some were described in existential terms. But never, at least in recent times, have Americans faced the realistic prospect of the incumbent rejecting the outcome, and rarely have partisan divisions risked escalating into armed conflict. We at the International Crisis Group (ICG) have a mandate to end, prevent, and mitigate violent conflicts wherever they emerge.
Can America avoid election crisis?
By Robert Malley and Stephen Pomper/Brussels The 2020 US presidential election is unlike any other in living memory. Previous contests have been rancorous and some were described in existential terms. But never, at least in recent times, have Americans faced the realistic prospect of the incumbent rejecting the outcome, and rarely have partisan divisions risked escalating into armed conflict.
The Perils of Hyping Pandemic Response as a National Security Issue
There has got to be another way of saying an issue is critical other than saying it is a matter of utmost national security. For some time, a number of commentators have warned that U.S. national security policy is off-kilter. Their argument: It places too much emphasis on fighting wars with ill-defined and possibly unattainable objectives, and pays too little attention to threats like climate change and infectious diseases.
The Soleimani Strike and the Case for War Powers Reform
As Congress prepares to send the president a resolution directing him to terminate the use of U.S. forces for hostilities against Iran—the second joint resolution on war powers it has passed in a year (the first related to Yemen)—it is starting to seem like legislators are finally getting serious about their responsibilities for matters of war and peace. Is this a sea change in the making? We’ll see.
Who Needs Landmines?
February 11, 2020 The Trump administration made big news recently — and it wasn’t about impeachment. On Jan. 31, the White House announced that it was cancelling the policy that prohibited using anti-personnel landmines outside the Korean peninsula. The subject has been a fraught issue since the early 1990s, when civil society began to respond to the tragic consequences — particularly in the developing world — of the proliferation of landmines.
New Legislation Offers Opportunity to Address 2001 Authorization for Use of Force, Amid Fears of War with Iran
Amid increasing fears that the Trump administration is sliding into a war with Iran, many lawmakers have been forcefully arguing against such a course and emphasizing that the administration lacks the necessary congressional authority to do so. Members of Congress have underscored that the 2001 Authorization for the Use of Military Force (AUMF), passed days after the September 11 attacks, cannot be interpreted to cover the government of Iran.
Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now
For those who believe a U.S. war with Iran would be disastrous for regional stability, U.S. national interests, and the civilians who would be caught in the crossfire—and for those who believe any decision on bringing the country into war must require public debate and congressional approval—this is a worrying moment.
Mueller Report and the President’s Personal Lawyers: Did They Violate Criminal Law and Ethical Rules?
Because Justice Department policy forbids an indictment of a sitting president, Robert Mueller chose not to say the President obstructed justice. But Mueller also refused to say that “the President clearly did not commit obstruction of justice.” So the President is neither accused nor exonerated. What about the President’s personal lawyers? They don’t enjoy the President’s immunity from indictment.
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