White House Releases Fourth War Powers Resolution Report on Houthi Strikes

Matt Gluck
Wednesday, February 28, 2024, 2:44 PM
President Biden continued to justify the strikes on the basis of his Article II constitutional authority.

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On Feb. 26, the Biden administration released a letter notifying Congress “consistent with the War Powers Resolution” of the U.S.’s joint strikes on Feb. 24 with the U.K. against the Houthis in Yemen. This is the fourth set of counter-Houthi strikes President Biden has reported since the administration released its War Powers Resolution letter following the U.S.’s initial joint strikes with the U.K. on Jan. 12. 

According to the letter, the strikes targeted “Houthi underground storage sites and locations associated with the Houthis’ missile and air surveillance capabilities, attack capabilities, unmanned aerial vehicle capabilities, and command and control facilities in Yemen that support and facilitate Houthi militants’ attacks in the Red Sea region.” President Biden justified the strikes on the basis of his Article II constitutional authority and noted that the “necessary and proportionate action” complied with international law, as an exercise of the U.S.’s right to self-defense under Article 51 of the UN Charter.

You can read the report here or below.

Dear Mr. Speaker:   (Dear Madam President:)
 
As I reported previously, since at least November 2023, Yemen‑based Houthi militants have engaged in a series of attacks against United States military forces, including ships and aircraft, and against maritime commercial shipping operating in the Red Sea, the Bab al-Mandeb Strait, and the Gulf of Aden.  These attacks pose a threat to the safety of United States forces and commercial ships and their crews, regional political and economic stability, and navigational rights and freedoms.  The Houthi militants continue to pose a threat of future attacks against United States forces and military vessels and against other maritime traffic in the region.
 
On February 24, 2024, at my direction, United States forces, as part of a multinational operation alongside the United Kingdom, with support from Australia, Bahrain, Canada, Denmark, the Netherlands, and New Zealand, conducted discrete strikes against Houthi underground storage sites and locations associated with the Houthis’ missile and air surveillance capabilities, attack capabilities, unmanned aerial vehicle capabilities, and command and control facilities in Yemen that support and facilitate Houthi militants’ attacks in the Red Sea region.  I directed the strikes in order to protect and defend our personnel and assets, to degrade and disrupt the ability of the Houthi militants to carry out future attacks against the United States and against vessels operating in the Red Sea region that could further destabilize the region and threaten United States strategic interests.  The strikes were taken to degrade Houthi capacity to conduct future attacks and were conducted in a manner designed to limit the risk of escalation and avoid civilian casualties.
 
I directed this military action consistent with my responsibility to protect United States citizens both at home and abroad and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority as Commander in Chief and Chief Executive and to conduct United States foreign relations.  The United States took this necessary and proportionate action consistent with international law and in the exercise of the United States’ inherent right of self-defense as reflected in Article 51 of the United Nations Charter.  The United States stands ready to take further action, as necessary and appropriate, to address further threats or attacks.
 
I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148).  I appreciate the support of the Congress in this action.
 
                              Sincerely,
 
 
 
                             JOSEPH R. BIDEN JR.

Matt Gluck is a research fellow at Lawfare. He holds a BA in government from Dartmouth College.

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