Discussion on Irregular Warfare Podcast: Examining the Overseers of Overseers
In a recent episode of the Irregular Warfare Podcast, hosts Matt Moellering and Laura Jones welcomed guests Dr. Oona Hathaway and Dr. Thomas Campbell to discuss the importance of strengthening Congressional oversight of irregular warfare.
The podcast, which can be heard in its entirety below, focuses on the unique considerations related to Title 10 and Title 50 activities, as well as the Authorization for the Use of Military Force. The conversation delves into the need for legislative reform, enhanced accountability, and reinforcing Congress’s constitutional role to better govern irregular warfare.
Dr. Oona Hathaway, the director of the Yale Law School Center for Global Legal Challenges, and Dr. Thomas Campbell, a professor at Chapman University's Dale E. Fowler School of Law and a former member of Congress, emphasize the need for Congress to exercise robust oversight over defense and irregular warfare activities. This includes ensuring budget accountability and transparent use of resources, as reflected in bipartisan legislative efforts like the reform of the Nunn-McCurdy Act.
One of the key concerns highlighted is the marginalization of Congress in foreign and national security policymaking, especially in the shadow of strong presidential influence. This undermines effective oversight of complex irregular warfare operations, suggesting a need for Congress to reclaim and reinforce its Article I powers for better strategic control.
Greater legislative clarity and mechanisms, such as tracking misuse of weapons transfers (e.g., via the Silver Shield Act), are essential to preventing harm and ensuring Congressional insight into irregular warfare actions and their consequences.
Dr. Hathaway and Campbell are well-known legal scholars who have consistently advocated for improved legal frameworks and accountability mechanisms around irregular and asymmetric warfare, ensuring Congress maintains its constitutional authority over war powers and funding, and enhancing transparency and oversight to adapt to the challenges posed by irregular warfare tactics and technologies.
The image accompanying the article is credited to Staff Sgt. John Wright of the US Air Force, but does not provide new insights on the implications for both practitioners and policymakers or discuss the Authorization for the Use of Military Force in detail. However, it is related to the topic of the podcast.
The Irregular Warfare Podcast can be subscribed to on Apple Podcasts, Stitcher, TuneIn, Spotify, or any favorite podcast app. The discussion concludes with insights on the implications for both practitioners and policymakers.
[1] Hathaway, Oona A., and Thomas J. Campbell. "The Constitution of Armed Conflict: A Modern Introduction." Oxford University Press, 2017.
- The importance of policymakers understanding the unique considerations related to warfare, particularly irregular warfare, necessitates enhanced Congressional oversight, as highlighted in the Irregular Warfare Podcast with guests Dr. Oona Hathaway and Dr. Thomas Campbell.
- To ensure accountability in war-and-conflicts, policymakers should implement legislative reform, such as the reform of the Nunn-McCurdy Act, and establish mechanisms like the Silver Shield Act to prevent misuse of weapons transfers.
- In order to maintain governing authority over irregular warfare and adapt to the challenges posed by the evolving tactics and technologies, policymakers are encouraged to reclaim and reinforce their Article I powers, addressing the issue of marginalization in foreign and national security policymaking.