The Lawfare Podcast

Lawfare Archive: Greg Johnsen and Scott Anderson on the Fight Against the Houthis

May 3, 2025
Gregory Johnsen, an expert on Yemen and the Houthi movement, joins Scott R. Anderson to discuss the recent surge in Houthi attacks on shipping and military forces in the Red Sea. They delve into the U.S. and U.K. military responses and the legal complexities surrounding these actions, including the War Powers Resolution. The conversation highlights the implications of these attacks on global trade, the Houthis' strategic gains amidst conflict, and the persistent challenges of engaging with non-state actors in the region.
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INSIGHT

Non-State Actor Legal Nuances

  • U.S. views the Houthis as non-state actors, applying either consent of recognized government or "unable or unwilling" doctrine.
  • U.S. likely uses the "unable or unwilling" theory to justify strikes without Yemen government's consent.
ANECDOTE

Houthis' Escalation Timeline

  • After the Gaza conflict began, the Houthis escalated by firing rockets toward Israel and attacking Red Sea shipping.
  • This led to increased attacks on U.S. naval vessels and culminated in U.S. and U.K. airstrikes.
INSIGHT

U.S. Strategic Hesitation

  • The U.S. hesitated acting due to lack of clear goals and the risk of expanding conflict.
  • Airstrikes aim to degrade Houthis' operational capacity rather than fully deter future attacks.
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