Politics

20 years later, US law that authorised Iraq war likely to be rescinded

The irony is that a more comprehensive authorisation approved in 2001 after the September 11 attacks exists and can be used against any country

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US officials insist rescinding the law will not affect US counter-terrorism support in Iraq

20 years later, US law that authorised Iraq war likely to be rescinded

Al Majalla - London

last update on 20 Apr 2023

At 05:35 Baghdad time on 20 March 2003, US President George W. Bush issued an executive order directing military strikes against Saddam Hussein's regime in Iraq, without an official declaration of war.

US law authorises the president to launch military strikes for reasons related to national security but obliges him to inform Congress within 48 hours of launching any strike. The law also prohibits American forces from staying in a foreign land for more than 60 days without approval of Congress.

Because of this, Bush had to ask Congress officially to approve authorisation to launch the war on Iraq, which he did in 2002.

Congress approved the authorisation in both houses in October 2002, just a month before the midterm elections, with a majority of 296 representatives and an opposition of 133 in the House of Representatives. In the Senate, 77 senators approved the attacks; 23 opposed them.

The vote gave the US military the authorisation to use "all necessary and appropriate force to defend American national security against the constant threat from Iraq and to ensure the enforcement of all UN resolutions related to Iraq."

The vote gave the US military the authorisation to use "all necessary and appropriate force to defend American national security against the constant threat from Iraq.

Currently, the Senate has approved the cancellation of the authorisation for the war in Iraq, which has been in place for over 20 years. After two weeks of debate in the House, 66 senators voted in favour of the cancellation, while 30 opposed it.

If the House of Representatives also passes the cancellation in another vote, it will be sent to President Joe Biden's desk for executive approval.

Democrats — who have been pushing for the repeal of the authorisation — celebrated its approval. Senate leader Chuck Schumer stated, "The United States, Iraq, and the whole world have changed radically since 2002, and it is time for our laws to reflect that."

Republican opposition

On the other hand, most Republicans, who want the authorisation to continue, argue that it is still necessary. They point out that former President Donald Trump used it as a legal cover when the US killed Qasem Soleimani — commander of Iran's Revolutionary Guard Quds Force — in Baghdad in 2020.

Most Republicans, who want the authorisation to continue, argue that it is still necessary. They point out that former President Donald Trump used it as a legal cover when the US killed Qasem Soleimani in Baghdad in 2020.

At the time, Trump sent a report to Congress stating that he relied on the authorisation of "the use of force for the purpose of establishing a stable, democratic Iraq and addressing terrorist threats emanating from Iraq."

Opponents of the cancellation warn of its potential repercussions. Republican leader Mitch McConnell stated, "Our terrorist enemies aren't sunsetting their war against us."

"The 2002 AUMF bears directly on the threats we face today in Iraq and Syria from Iran-backed terrorists," McConnell said in a statement.

2001 authorisation

The irony is that the US president can use a more comprehensive authorisation approved by Congress in 2001 after the September 11 attacks. This is a standing mandate that legislators do not seek to rescind.

In 2001, Congress approved an authorisation giving George W. Bush broad authority to invade Afghanistan and wage its 'war on terror'.

Unlike the authorisation to go to war in Iraq, this legislation does not specify any country but instead approves the use of force "against any nation, organisation, or person" that has planned an attack or assisted in an attack on the United States.

This authorisation may have encouraged the White House to support the repeal — not only the 2002 authorisation but also another authorisation approved by Congress in 1991 to allow President George HW Bush to use military force in Iraq following the invasion of Kuwait.

The administration stated that "the cancellation of these two authorisations will not affect the status of current military operations and supports the administration's commitment to a strong and comprehensive relationship with our Iraqi partners."

The most important war authorisations approved by the US Congress:

Authorising the war in Iraq

Passed by Congress in 2002 to allow the use of military force against Saddam Hussein's regime in Iraq.
Former President Donald Trump used this authorisation to launch a raid that led to the killing of the commander of the IRGC Quds Force.

Authorisation for the use of military force after 9/11

Congress approved it in 2001 to allow US President George W. Bush to launch military operations in Afghanistan to confront terrorist groups.
Congress does not seek to repeal this legislation.

Authorisation to allow President George H.W. Bush to use military force in Iraq following the invasion of Kuwait