Diana Harshbarger on War & Peace

2002 AUMF against Iraq should apply to ISIS.

Resolution excerpts:
• Whereas the Authorization for Use of Military Force Against Iraq Resolution of 1991 and 2002 currently remain valid law;
• Whereas, since 2014, U.S. military forces have operated in Iraq at the request of the Government of Iraq for the sole purpose of supporting its efforts to combat ISIS;
• Whereas authorizations for the use of military force that are no longer necessary should have a clear political and legal ending:
• Now, therefore, be it Resolved by the Senate and House of Representatives of the United States [that]
• The Authorization for Use of Military Force Against Iraq is hereby repealed.

Politico.com in OPPOSITION, 3/25/21: Republicans who opposed repealing the 2002 authorization said that it should be replaced because Iraq is still home to terror groups that threaten the United States. Rep. Michael McCaul called for consultations with first in order to craft a replacement. "Real AUMF reform requires Congress and the administration working together on actual text to replace the aging 2001 and 2002 AUMFs to provide authorities needed to keep the American people, and, most importantly, our deployed troops, safe from terrorists," McCaul said.

Heritage Foundation in SUPPORT (1/6/20): There has been an open and vibrant debate about whether the 2001 AUMF covers ISIS, a terrorist organization that did not even exist when the 2001 statute was passed and has disavowed and formally broken away from al-Qaeda, the group that is covered by the 2001 AUMF. Yet both the Obama and Trump Administrations claim that the 2001 AUMF covers ISIS and associated forces. Congress has shied away from the much-needed debate about whether the 2002 Iraq AUMF is no longer necessary.

Legislative Outcome: Passed House 268-161-2 on H.R.256 on 6/17/2021 (rollcall 172; no vote on S.J.R.10 nor H.R.3261 in 2021)