Now, some people may think that repealing the 2002 AUMF is an empty gesture… and that this whole thing is just performative. Since the bill authorized the Iraq War, and the Iraq War is over, what is the harm in letting it stay on the books, and why do we need to repeal it? The Biden administration has even said that there isn’t anything that we are doing in the Middle East right now that depends on it for authorization, and repealing it won’t affect current operations. So, what is the point?
It is extremely important to understand that the Forever War wasn’t built with just one bill. It was created by a web of legislation, which is what makes it so difficult to dismantle, and this AUMF is part of that web. For example, Section 3 authorizes the president to use our military, however he deems necessary and appropriate, to defend our national security against the continuing threat posed by Iraq; and to enforce all relevant United Nations Security Council (UNSC) resolutions regarding Iraq.
There is a multitude of UNSC resolutions related to Iraq, and there will probably be even more in the future. This bill can be applied to just about anything — like the Maximum Pressure campaign against Iran, and the assassination of Soleimani — with just a little bit of language tweaking. It is basically a blank check. And if you read a little bit further, down to the section about required reports, you’ll see that what would be considered appropriate includes … “actions described in section 7 of the Iraq Liberation Act of 1998”.
And what’s in section 7 of the Iraq Liberation Act of 1998? Assistance for Iraq upon replacement of Saddam Hussein’s regime, including support for Iraq’s transition to democracy. The 1998 bill actually only authorized using our military to get rid of munitions and weapons of mass destruction, and as far as democracy building, it only authorized humanitarian assistance. But when we combine the 1998 bill, and the 2002 bill, we end up with an authorization for a military presence in Iraq, for the purpose of building democracy, with no specific end date.
The 2002 AUMF is just one strand of the tangled web that holds up the Forever War, but it may actually be the most crucial one that we need to sever. The most obvious reason would be that it authorizes military force. The less obvious, but more important reason, has to do with one of the “whereas” sections: “Whereas it is in the national security interests of the United States to restore international peace and security to the Persian Gulf region.”
The 2002 AUMF is neither obsolete, nor irrelevant. It codifies a cold war policy established by President Jimmy Carter in his 1980 State of the Union Address, when he said:
“Let our position be absolutely clear: An attempt by any outside force to gain control of the Persian Gulf region will be regarded as an assault on the vital interests of the United States of America, and such an assault will be repelled by any means necessary, including military force.”
— President Jimmy Carter
The Carter Doctrine is the foundation of the Forever War. Carter made it policy, and the 2002 AUMF made it law. If we really want to end the Forever War, and keep it from rearing its ugly head again, we need to start by repealing this piece of legislation.
