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Brian Finucane Profile picture
@BCFinucane
Sep 17 • 2 tweets • 1 min read • Read on X
Thinking about rules relating to booby traps under Amended Protocol II of the CCW for no particular reason. Image
Interesting commentary in DoD's Law of War Manual on Article 7(2) of Amended Protocol II of the CCW relating to booby traps.

The narrative here is that Art 7(2) was intended to ban certain types of booby traps that had been used by the Axis powers, including exploding headsets.
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More from @BCFinucane

Brian Finucane Profile picture
Jan 5
🧵New War Powers report

This is a strange document.

I used to help draft these letters and I have never seen one like this.

A few observations: 1/n Image
Unlike any other unclassified, 48-hour War Powers report, this letter does not specify what it is reporting.

Neither the military action nor the location are identified. 2/n Image
Presumably this information is provided in the classified annex to the report, an annex which is unusual for a 48-hour report but not unheard of. 3/n Image
Read 12 tweets
Brian Finucane Profile picture
Oct 5, 2023
🧵 Some legal issues raised by the US shoot down of a Turkish drone over northern Syria that was deemed to be a threat to US forces on the ground. 1/n

wsj.com/world/u-s-jet-…
First, what was the domestic legal authority for the action?

Since the Obama admin, the executive branch has cited the 2001 AUMF as authority for counter-ISIS ops in Syria.

Trump admin also argued 2001 AUMF provided ancillary authority for defense against non-ISIS forces. 2/n Image
In contrast, the Biden admin has invoked Article II of the Constitution as authority for strikes against non-ISIS forces in Syria.

If Article II, then will Biden admin submit a report under the War Powers Resolution as seemingly required? 3/n

justsecurity.org/82979/tit-for-…
Image
Read 7 tweets
Brian Finucane Profile picture
Sep 28, 2023
🧵The House Foreign Affairs Committee has posted the written statements of the administration witnesses for today's AUMF hearing.

Some key takeaways on what the Biden administration wants in an updated AUMF. 1/n
foreignaffairs.house.gov/hearing/reclai…
The admin wants uninterrupted authority to continue ongoing operations under the 2001 AUMF- against ISIS, AQ, and al Shabaab, as well as GTMO detention.

Opposes addition of Taliban and Iran-backed groups to any new AUMF--US not in conflict w/ Iran, doesn't want one. 2/n
Admin also wants new AUMF to provide a mechanism for the President to unilaterally to add additional "associated forces."

Such a mechanism would delegate Congress's war powers to the President.3/n
Read 48 tweets
Brian Finucane Profile picture
Mar 31, 2023
🧵The US has filed its "Article 51" letter arguing that recent US airstrikes on "militia groups affiliated with Iran's Islamic Revolutionary Guard Corps" constituted lawful self defense.

I used to draft these documents.

This one is inadequate. 1/n

documents-dds-ny.un.org/doc/UNDOC/GEN/…
The letter neither specifies the groups who attacked US forces nor the groups the US targeted in response.

The letter does specify from where the fatal drone attack on US forces was launched. Syria? Iraq? 2/n
The letter again invokes the dubious "unable or unwilling squared" theory of self-defense.

US forces are in Syria b/c Syria is unable or unwilling to counter ISIS.

And while in Syria the US may also use force against unspecified militias if Syria is u/u to counter them. 3/n
Read 5 tweets
Brian Finucane Profile picture
Mar 30, 2023
🧵 Rep Gaetz has introduced a new resolution under Section 5(c) of the War Powers Resolution, this time regarding Somalia.

Setting aside the (ahem) matter raised in @kenklippenstein's article, the resolution itself raises a number of issues. 1
theintercept.com/2023/03/29/mat… Image
Background:

By airstrikes, Somalia is most active theater of the war on terror.

But Congress never voted for war against Al Shabaab.

The executive branch unilaterally went to war & then invoked 2001 AUMF.

@CrisisGroup recounts that history here. 2

crisisgroup.org/united-states/… Image
Gaetz's resolution would direct the President to "remove all United States Armed Forces...from Somalia."

Resolution focuses on removing US armed forces from Somalia, not from "hostilities" as War Powers resolutions typically do.

Compare to Sanders-Lee Yemen resolution. 3 Image
Read 10 tweets
Brian Finucane Profile picture
Dec 12, 2022
Flagging a few noteworthy accountability-related elements in today's G7 Leaders' Statement as posted by the White House. 1/n

whitehouse.gov/briefing-room/…
First, the statement characterizes indiscriminate attacks as war crimes.

Not a legally controversial position....2/n
...and consistent with the United States' longstanding views, as I wrote in @just_security.

But as I previously noted, for some reason, DoD's Law of War Manual does not explicitly address this criminal prohibition. 3/n

justsecurity.org/81351/the-proh…
Read 5 tweets

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