Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2016 When Responsibilities Collide: Humanitarian Intervention, Shared War Powers, and the Rule of Law Dawn E. Johnsen Indiana University Maurer School of Law,
[email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Constitutional Law Commons, and the Military, War, and Peace Commons Recommended Citation Johnsen, Dawn E., "When Responsibilities Collide: Humanitarian Intervention, Shared War Powers, and the Rule of Law" (2016). Articles by Maurer Faculty. 2404. https://www.repository.law.indiana.edu/facpub/2404 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. COMMENTARY WHEN RESPONSIBILITIES COLLIDE: HUMANITARIAN INTERVENTION, SHARED WAR POWERS, AND THE RULE OF LAW Dawn Johnsen* ABSTRACT The use of military force to respond to a foreign humanitarian crisis raises profound legal questions, especially when force is not authorized by the U.S. Congress or the U.N. Security Council. President Clinton's use of air strikes in Kosovo, President Obama's use of air strikes in Libya, and his threat of force following Syrian President Assad's use of chemical weapons against the Syrian people all responded to powerful humanitarian needs-but serious questions about their legality remain. Drawing upon these case studies, Professor Harold Koh proposes a framework that would find some such interventions lawful, even without congressional or Security Council authorization-and even for periods that exceed the sixty-day limit Congress has imposed through the War Powers Resolution.