Bombing Yemen is Against the Law, Says the Constitution
President Joe Biden should be impeached for illegally bombing Yemen as the small nation attempts to stop a genocide in Gaza.
The recent bombings in Yemen have garnered international attention, with the United States and the United Kingdom justifying their involvement by citing the need to protect global shipping and commerce. On the other hand, Yemenis claim they are acting on their moral and religious duty to prevent what they perceive as Israeli-backed genocide against Palestinians.
Ansar Allah, also known as the Houthis, emerged from a brutal war against U.S.-armed Saudi Arabia, demonstrating resilience and an ability to resist superior military forces. The conflict reached a ceasefire in 2021, but hostilities have resurfaced in the wake of Israel’s 100+ day siege and bombing campaign in Gaza.
The U.S. and the UK, however, emphasize the economic impact of Yemen's actions in the Red Sea, causing increased costs for shipping companies and a surge in insurance expenses. Critics argue that instead of resorting to military intervention, these powerful nations could use their influence to address the root cause – the U.S.-Israeli genocide against Palestinians in Gaza.
Unfortunately, even though US President Joe Biden has admitted that the airstrikes have not stopped Houthi attacks in the Red Sea, he has vowed to continue them regardless. “Well, when you say 'working'—are they stopping the Houthis? No. Are they gonna continue? Yes." Biden said in response to a reporter's question.
The historical context of British colonialism in Yemen adds complexity to the current situation. The UK colonized the Port of Aden in 1839 for its imperialistic agenda. The region's strategic importance, mainly due to oil resources, has drawn the attention of the U.S., which, though a relatively recent player in the Middle East, has exerted significant influence through military support for Israel, as well as repeated invasions and occupations.
Yemen's historical defiance, such as its lone vote against Operation Desert Storm in 1991, resulted in severe consequences, including the U.S. withdrawal of aid. Since then, Yemen has endured decades of U.S. interference, including drone attacks under various administrations, support for the Saudi-led coalition's war starting in 2015, and a blockade leading to what has been described as the world's worst humanitarian crisis — before the ongoing genocide in Gaza.
In a recent report by The Intercept, bipartisan members of Congress expressed concerns over the constitutionality of the military strikes in Yemen.
Congresswoman Rashida Talib posted on X (formerly Twitter), “@POTUS is violating Article I of the Constitution by carrying out airstrikes in Yemen without congressional approval. The American people are tired of endless war.”
Representative Ro Khanna posted, “The President needs to come to Congress before launching a strike against the Houthis in Yemen and involving us in another Middle East conflict. That is Article I of the Constitution. I will stand up for that regardless of whether a Democrat or Republican is in the White House.”
Barbara Lee, who is currently running for Senate against her colleagues Adam Schiff and Katie Porter, posted, “This is why I called for a ceasefire early. This is why I voted against the war in Iraq. Violence only begets more violence. We need a ceasefire now to prevent deadly, costly, catastrophic escalation of violence in the region.”
The Yemeni Alliance Committee's Chair, Jehan Hakim, and lawyer, Bruce Fein, have also questioned the legal basis for bombing Yemen without Congressional approval. Hakim says the claim is based on the argument that the President should only respond to sudden attacks on the United States that have already broken the peace, as outlined in the Declare War Clause.
Fein further explained the constitutional intricacies, asserting, "The Declare War Clause is dispositive — only Congress can authorize the offensive use of the military." According to Fein, Biden's actions in bombing Yemen do not align with a response to an attack on the United States but rather a defense of naval traffic in the Red Sea, which would necessitate Congress to authorize a declaration of war against Yemen or the Houthis.
Fein drew parallels between Biden's actions and historical events, stating, "What Biden has done is indistinguishable from what the UK, France, and Israel did in 1956 in attacking Egypt over nationalizing the Suez Canal." He highlighted President Eisenhower's rejection of using force in that situation, suggesting a precedent for the need for congressional authorization.
"The Constitution’s Declare War Clause is supreme over the War Powers Resolution," Fein argued, dismissing the idea that the War Powers Resolution could provide the necessary authorization for presidential military actions. He contended that any attempt to authorize a 60-day presidential war, as suggested by the War Powers Resolution, would be unconstitutional.
Quoting Biden's words from 2007, Fein reminded the public of Biden's stance on presidential authority to initiate war without congressional approval. He referenced Biden's statement on Hardball with Chris Matthews, where Biden asserted, "The president has no constitutional authority to take this nation to war against a country of 70 million people unless we’re attacked or unless there is proof that we are about to be attacked."
Fein also highlighted the potential hypocrisy in Biden's actions compared to his past statements. "Biden should be impeached and removed from office by his yardstick," Fein concluded, drawing attention to Biden's previous calls for impeachment in similar circumstances.
Adding an international legal perspective, Fein referenced the Rome Statute of the International Criminal Court, defining the crime of aggression. According to the statute, an act of aggression includes using armed force by a State against the sovereignty, territorial integrity, or political independence of another State. Fein argued that Biden's attack on Yemen could fall within this definition.
While President Biden has strongly justified his decision to bomb Yemen without Congressional approval, he criticized former President Donald Trump in 2020 for assassinating Iranian General Qassem Soleimani during an airstrike in Iraq that Congress did not authorize. At the time, Biden said, “Donald Trump does not have the authority to take us into war with Iran without Congressional approval. A president should never take this nation to war without the informed consent of the American people.”