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Obama to Congress: rubber-stamp my perpetual war

By Marjorie Cohn - posted Thursday, 19 February 2015


Without repealing the 2001 AUMF, "any sunset of the new authorization will be ineffectual, since the next president can claim continued reliance on the old one," according to Rep. Adam Schiff (D-California).

On February 13, 2015, a group of Democratic senators introduced a bill to repeal the 2001 AUMF in three years. This bill would note that Congress "never intended and did not authorize a perpetual war" when it passed that AUMF.

Bipartisan Opposition to Obama's Proposed AUMF

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Some Democrats think Obama's proposed AUMF is too broad. Sen. Barbara Boxer (D-California) wrote in The Huffington Post that the language prohibiting "enduring offensive ground combat operations" is "vague, overly broad and confusing."

Many Republicans think Obama's proposal constrains his ability to use US ground troops against ISIS. Ironically, the GOP, which consistently seeks to reign in Obama's authority, wants to grant the president more power to use military force.

It is likely that Congress will ultimately agree on a reworded AUMF to give Obama congressional cover to pursue his wars.

Violation of UN Charter

But even if Congress were to authorize Obama's wars in Iraq and Syria, those wars would still violate the UN Charter. The charter requires all states to settle their disputes peacefully, and to refrain from the use of armed force except when acting in self-defense or with the blessing of the Security Council.

The Syrian government has not consented to Obama's bombing in Syria. And although the Iraqi government has blessed Obama's bombing campaign, Iraqi Prime Minister Haider al-Abadi "is a puppet government that Obama installed and therefore has no authority under international law to consent to U.S. military operations in Iraq," according to law professor Francis Boyle. "It is like in Vietnam when we had our puppets there asking us to conduct military operations there."

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Indeed, ISIS is a direct outgrowth of the US invasion and installation of former Prime Minister Nuri al-Maliki, a Shiite Muslim who viciously killed, disappeared and tortured Sunni Muslims after most US troops pulled out. Many Sunnis in Iraq see ISIS as preferable to US bombs.

Pursue Diplomacy, Not Permanent War

Obama's drone strikes have killed large numbers of civilians; only 2 percent of those killed have been high-level al-Qaeda or Taliban leaders. They have also created increased resentment against the United States. When people see their loved ones felled by US bombs, they are more susceptible to recruitment by extremist groups that seek to do us harm.

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This article was first published on TruthOut.



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About the Author


Marjorie Cohn is a professor at Thomas Jefferson School of Law, past president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers. Her latest book is "The United States and Torture: Interrogation, Incarceration and Abuse." See www.marjoriecohn.com

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