In a recent Senate Foreign Relations Committee hearing, US Senator Tim Kaine, representing Virginia, expressed doubts regarding President Biden's justification for the US-led air strikes on Houthi targets in Yemen. Kaine, a Democrat who served as Hillary Clinton's running mate in the 2016 US Presidential election, called Biden's legal rationale for the strikes "laughable."

The Houthi fighters, an Iranian-backed armed group based in Yemen, launched a series of maritime attacks last year in solidarity with the people of Gaza. The attacks, primarily targeting international vessels operating in the Red Sea and the Gulf of Aden, were a response to alleged links between one of the ships and an Israeli businessman.

Since January 11, the US-led operation has been targeting Houthi storage facilities, radars, and air-defense systems in an effort to weaken the group's military capabilities. Over 230 Houthi targets in Yemen have been struck as part of this campaign. The US reclassified the Houthis as a Specially Designated Global Terrorist (SDGT) entity on January 17, deeming their assaults on American commercial and military ships in the Red Sea as an attack on US interests.

However, Kaine raised concerns about the US claim of "self-defense," as not all the targeted vessels were American. He argued that the defense of other nations' commercial ships cannot be considered self-defense under the US Constitution's Article 2. Kaine emphasized that while defending US personnel, military assets, and possibly commercial ships can be classified as self-defense, extending that to protect the commercial ships of other nations is not justifiable.

Kaine's sentiments were echoed by other committee members, including Senator Chris Murphy of Connecticut, who expressed the view that the ongoing operations in Yemen resemble a full-fledged war and thus require proper congressional authorization. Murphy urged for a traditional war authorization to legitimize the military actions and to prevent unauthorized mission escalation.

International law expert Neve Gordon highlighted the importance of considering the principles outlined in Article 51 of the United Nations Charter. Gordon pointed out that according to the Charter, the US can only respond in self-defense if a ship bearing the US flag is attacked. Any US attack on Houthi targets in response to an attack on a non-US ship would be in violation of the UN Charter.

The legislature's War Powers Resolution, enacted in 1973 following the Vietnam War, imposes constraints on a president's use of military force. It stipulates that hostilities must be terminated within 60 to 90 days unless Congress authorizes or extends such actions. Thus, if the air strikes on Yemen cannot be justified as "self-defense," President Biden would need congressional support for the campaign by April 11.

The hearing highlighted a growing debate over the legal justification for the US-led operations in Yemen and raised questions about the limits of a president's authority in matters of military intervention. As lawmakers continue to scrutinize the administration's actions, the fate of Biden's military campaign in Yemen hangs in the balance.