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Where Congress Stands on Yemen

Where Congress Stands on Yemen
folder_openUnited States access_time5 years ago
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By Staff, Lawfare

On Feb. 13, the House of Representatives passed H.J. Res. 37, a joint resolution that purports to direct the executive branch to end US support for the Saudi-led military campaign on Yemen. This is the first major legislative action that either chamber has taken on the Yemen conflict in this Congress, and it may signal a renewal of the heated debate on the subject that took place in both the House and the Senate at the end of last year.

The Saudi-led military intervention in Yemen has come under criticism both for harming civilians through its military operations and for severely hampering the flow of goods and foreign assistance into the country, contributing to what many consider to be the world’s worst humanitarian crisis.

While the humanitarian crisis in Yemen has been the subject of widespread bipartisan concern within Congress, there is disagreement on what steps the United States should take to address the situation.

On one side, the vast majority of congressional Democrats and a number of Republicans, particularly in the Senate, have increasingly sought to directly pressure Saudi Arabia and its allies into adjusting their conduct by threatening to reduce the level of US support being provided.

On the other, the Trump administration and its supporters in Congress have resisted this approach, arguing that the Saudi-led coalition plays a vital role in combating Iranian influence in Yemen and that US support reduces the risk that the Saudi-led military campaign will harm civilians.

Late last year, this debate ultimately led several Senate Republicans—motivated in part by the Trump administration’s refusal to hold the Saudi government accountable for the murder of Saudi journalist Jamal Khashoggi—to join Senate Democrats in a historic vote that passed a joint resolution similar to H.J. Res. 37. But neither that nor any other Yemen-related measures were enacted into law before Congress adjourned.

Both H.J. Res. 37 and its Senate counterpart, S.J. Res. 7, were introduced shortly after the 116th Congress convened in January 2019.

The main thrust of both resolutions is to direct the president to “remove [US armed forces] from hostilities in or affecting the Republic of Yemen,” except for operations against al-Qaeda and associated forces. Other provisions disclaim any interpretations affecting cooperation with Israel, require certain reports, and—most important—define “hostilities” to include “in-flight refueling” of non-US aircraft involved in missions as part of the ongoing civil war in Yemen.

Both H.J. Res. 37 and S.J. Res. 7 are designed to take advantage of certain special procedures that Congress added to the War Powers Resolution in 1983, which are now codified at 50 U.S.C. § 1546a. In the Senate, these procedures allow the sponsors of eligible resolutions to force votes and avoid filibusters and other obstructions, facilitating a debate even if congressional leadership or individual senators oppose the measure in question.

It remains unlikely that the joint resolution will become law or have a meaningful legal effect if it does. The debate over these measures, however, may still be an important means of forcing a public confrontation between the Trump administration and Congress, including members of the president’s own party. This will only underscore the unpopularity of the president’s policies and may bring with it substantial political costs, factors that will place additional pressure on the administration to change its approach.

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