On 20 January 2015, in his 2015 State of the Union address,
President Obama said “And tonight, I call on Congress to show the world that we
are united in this mission by passing a resolution to authorize the use of
force against the Islamic State of Iraq and the Levant (ISIL).” Previously, the White House has argued that it
already has the necessary authority from the 2001 Authorization for the Use of
Military Force (AUMF) passed by Congress on 14 September 2001 and signed into
law by President Bush on 18 September 2001.
However, the 2001 AUMF states "That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons in order to prevent any future act of international terrorism against the United States by such nations, organizations, or persons." It therefore authorizes military action against Al Qaida (AQ), the Taliiban and others associated with the 11 September 2001 attacks against the US. As ISIL did not exist in 2001, and is not associated with Core AQ as one of the AQ franchises, it is dubious whether the 2001 AUMF does cover military action against ISIL.
In an interview with Gen Dempsey (CJCS) on 22 January 2015, he endorsed the passing of a new AUMF, but made three important points:
However, the 2001 AUMF states "That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons in order to prevent any future act of international terrorism against the United States by such nations, organizations, or persons." It therefore authorizes military action against Al Qaida (AQ), the Taliiban and others associated with the 11 September 2001 attacks against the US. As ISIL did not exist in 2001, and is not associated with Core AQ as one of the AQ franchises, it is dubious whether the 2001 AUMF does cover military action against ISIL.
In an interview with Gen Dempsey (CJCS) on 22 January 2015, he endorsed the passing of a new AUMF, but made three important points:
- "I think in the drafting of the AUMF, all options should be on the table, and then we can debate whether we want to use them. But the authorization should be there."
- "It shouldn't constrain activities geographically, because ISIL knows no boundaries [and] doesn't recognize any boundaries - in fact it's their intention to erase all boundaries to their benefit."
- "Constraints on time, or a "sunset clause", I just don't think it's necessary. I think the nation should speak of its intent to confront this radical, ideological, barbaric group and leave that open until we can deal with it."
On 28 January 2015, Representative Adam Schiff (D-CA), the
Ranking Member on the House Permanent Select Committee on Intelligence,
introduced a draft AUMF. It includes the
following text:
- Section 2 (b) – The authority granted in in subsection (a) shall be confined to the territory of the Republic of Iraq and the Syrian Arab Republic. The limitation of this subsection shall not apply to the Armed Forces of the United States engaged in training of indigenous Syrian and regional military forces for the purpose of combating ISIL.
- Section 2 (c) – No Authorization For Use Of Ground Forces In Combat – The authority granted in subsection (a) does not include the authority for the deployment of ground forces in a combat role. For the purposes of this subsection, “ground forces in a combat role” does not include special operations forces or other forces that may be deployed in a training, advisory. Or intelligence role.
- ·Section 2 (d) – Termination –The authority granted in subsection (a) shall terminate on the date that is three years after the date of the enactment of this joint resolution.
