Post #5282

🔤🔤🔤🔤2️⃣ Several lawyers have challenged the legal basis for the administration’s wide-ranging explanations for waging war. “Those are military policy objectives,” said Wells Dixon, a senior attorney at the Center for Constitutional Rights after reviewing Trump’s rationale. “They are not a legal basis to launch an armed attack against another country.” Marko Milanovic, a professor of International law at the University of Reading, agreed that Iran may pose a threat, but said that there are many ways to respond. “Using force would require a basis in self defense,” he said. The Trump administration has previously touted its success in “obliterating” Iran’s nuclear facilities. But Trump revived the specter of an Iranian threat in his State of the Union address, saying that Iran was “working to build missiles that will soon reach the United States of America.” Trump has not provided public evidence of this threat. Rubio’s statements invoked two legal concepts that could possibly justify waging war abroad – including the concept of an “imminent threat” posed to American lives, and the concept of launching preemptive strikes as an act of self defense. There are carve outs within international law that permit states to act in their own self defense. And the concept of an “imminent threat” is measured against evidence of a clear, visible and impending risk. “For something to be lawful self defense, it has to be necessary – in the sense that there’s no alternative,” said Brian Finucane, a former state department lawyer. “That’s not the situation here. There was another option: the US could have restrained Israel from attacking in the first place.” Senator Tim Kaine said he has supported US efforts to defend Israel during previous Iranian attacks, “but that’s a very different matter than the US engaging in the affirmative initiation of war,” he said. “We shouldn’t be waging an affirmative war on behalf of any nation in the world, no matter how close we are,” Kaine said. After the Vietnam war, the US adopted new constitutional provisions that say the president should try to consult with members of Congress before committing troops to hostilities. Last week, Rubio only briefed the Gang of Eight, a group of bipartisan lawmakers privy to information on covert actions and classified intelligence, about US plans to attack Iran. This week’s war powers vote may shape how Trump proceeds with military action against Iran, even if it ultimately cannot sustain enough support to override a likely veto from Trump. #trump#iran#kaine#dixon#troops#threat 📱American Оbserver - Stay up to date on all important events 🇺🇸