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                    Resarh Service






 UPDATED: Recent U.S. Airstrikes: Legal


 Authorities and Questions



 Updated February 18, 2020

 Update: The Trump Administration has reported to Congress a change in application of the existing
 legal and policy frameworks  regarding the use of military force, which presented the following legal
justification for the January airstrikes:
        Article It of the United States Constitution, empowers the President, as Commander in Chief to
        direct the use of military force to protect the Nation from an attack or threat of imminent attack and
        to protect important national interests. Article It thus authorized the President to use force against
        forces ofIran, a state responsiblefor conducting and directing attacks against United States forces
        in the region. In addition, under the 2002 Authorization for Use of Military Force Against Iraq
        (2002 AUMF), the President is authorized to use the Armed Forces of the United States as he
        determines to be necessary and appropriate in order to ... defend the national security of the United
        States against the continuing threat posed by Iraq. Although the threat posed by Saddam Hussein's
        regime was the initial focus of the statute, the United States has long relied upon the 2002 AUMF
        to authorize the use offorce for the purpose of establishing a stable, democratic Iraq and addressing
        terrorist threats emanating from Iraq. Such uses offorce need not address threats from the Iraqi
        Government apparatus only, but may address threats to the United States posed by militias, terrorist
        groups, or other armed groups in Iraq. (Footnotes omitted).
 The House Committee on Foreign Affairs posted this report on its website on February 14, 2020. The
 original Legal Sidebar from January 8, 2020 appears below.
 Recent U.S. airstrikes in Iraq and Syria have raised legal questions concerning the scope of the
 President's power to use force against Iran and Iran-backed organizations. In late December, U.S. forces
 conducted airstrikes against five facilities in Iraq and Syria used by Kata'ib Hizbollah-an entity with ties
 to Iran designated by the Department of State as a foreign terrorist organization. According to a
 Department of Defense (DOD) statement, the strikes came in response to attacks on military bases in Iraq
 that host U.S. forces engaged in the campaign to defeat the Islamic State. Two days later, Kata'ib
 Hizbollah supporters and others marched to the U.S. Embassy in Baghdad, damaging property and setting
 fire to outer buildings. Then, on January 2, 2020, the U.S. military, at the direction of the President, killed
 Qasem Soleimani, the head of the Islamic Revolutionary Guard Corps-Quds Force (IRGC-QF) and Abu
 Mahdi al Muhandis, an Iraqi security official and Kata'ib Hizballah founder named as a specially
                                                                     Congressional Research Service
                                                                     https://crsreports.congress.gov
                                                                                          LSB10391

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