The Emerging Challenges For Fundamental Elements Of
So what should we expect on Monday? The Trump administration has made clear in various public statements that it accepts most of the Obama administration’s legal views regarding the domestic and international legal basis for the use of force, which were themselves frequently criticized as being overly permissive. As a result, the Trump administration is unlikely to introduce dramatic changes to the Obama administration’s legal framework report. That said, over the last 14 months, several possible points of departure have emerged that might warrant inclusion and explanation: In January 2017, the Trump administration reportedly designated parts of Yemen to be “area[s] of active hostilities,” excluding it from the “presidential policy guidance” (PPG) policy framework that the Obama administration adopted to govern the use of force outside such areas. It reportedly took similar steps in relation to parts of Somalia in March 2017. In April 2017, the Trump administration launched airstrikes against the Assad regime in response to the regime’s use of chemical weapons, on the grounds that these strikes were “pursuant to [the president’s] constitutional authority to conduct foreign relations and as Commander in Chief and Chief Executive.” The administration has declined to elaborate on this domestic legal explanation or provide an international legal basis for its actions. The disclosure of a reported internal memorandum on these topics is the subject of ongoing litigation and an outstanding congressional request . Beginning in May 2017 and periodically thereafter , U.S. military forces have engaged in direct action against pro-regime forces in Syria in defense of local allies in the fight against the Islamic State.
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