Lawmakers reject modification of 9/11 law to restrict open-ended warfare

A Navy SEAL, killed alongside civilians in a January raid on a village in Yemen; another SEAL, killed while accompanying Somali forces on a May raid; and four Army soldiers, killed in a September ambush in Niger. These U.S. combat deaths — along with those of about 10 other service members killed this year in Afghanistan and Iraq — underscore how a law passed shortly after the September 11, 2001, terrorist attacks has been stretched to permit open-ended warfare against Islamic militant groups scattered across the Muslim world.

The law, commonly called the AUMF (Authorization for Use of Military Force Against Terrorists), on its face provided congressional authorization to use military force only against nations, groups or individuals responsible for the attacks. But while the specific enemies lawmakers were targeting in September 2001 were the original al-Qaeda and its Taliban host in Afghanistan, three presidents of both parties have since invoked the 9/11 war authority to justify battle against Islamic militants in many other places.

As the 9/11 war in Afghanistan enters its 17th year, questions about the scope and limits of presidential war-making powers are taking on new urgency. On October 30, the Senate Foreign Relations Committee renewed debate over whether they should update and replace the AUMF, revitalizing Congress’s constitutionally assigned role of making fundamental decisions about going to war. But political obstacles to reaching a consensus on new parameters for a war authorization law look more daunting than ever, as President Donald Trump’s administration moves to ease some Obama-era constraints on counterterrorism operations.

Previous efforts collapsed under disagreements between lawmakers opposed to restricting the current executive branch’s interpretation of its wartime powers and those unwilling to approve a blank check for a forever war.

Trump is giving the Pentagon and the CIA broader latitude to pursue counterterrorism drone strikes and commando raids away from traditional battlefields. Trump recently signed his new rules for such kill-or-capture counterterrorism operations with signifi-cant changes to an Obama-era interagency agreement. Under those rules, there was individualized high-level vetting of proposed strikes, and targeted individuals had to pose a specific threat to Americans. Under the new Trump rules, the administration will instead approve a “persistent campaign of direct action” for various countries where Islamic militants are operating, without higher-level review of particular strikes, and targets may include any suspected member of a group deemed covered by the 9/11 war authorization.

The Trump administration also reduced the required level of confidence that the intended target was present in a strike zone from “near certainty” to “reasonable certainty,” further lowering constraints on attacks and risking civilian lives.

Moreover, the Trump administration was considering arming the surveillance drones that now fly over Niger and Mali in search of suspected Islamic militants. Their new rules could also permit the Pentagon to carry out offensive ground combat operations in North and West Africa, escalating U.S. troop deployments.

The questions about Trump’s interpretation of his war powers range beyond conventional counterterrorism operations. For example, Trump has suggested that he may abandon diplomatic efforts to curb North Korea’s testing of nuclear bombs and longer-range missiles and order an attack. But he and his administration have said nothing suggesting that they would seek prior authorization from Congress and the U.N. Security Council.

On April 6, Trump ordered airstrikes against Syrian govern-ment forces as punishment for using chemical weapons, without going to Congress or the U.N. for permission. His administration refused to answer questions about why it thought he had lawful authority to carry out such an act of war unilaterally. The United Nations Charter, a treaty ratified by the United States, forbids attacking another sovereign country without Security Council permission or a self-defense claim.

In June, after the U.S. military shot down a Syrian government fighter jet — prompting Russia to threaten to shoot down any U.S. aircraft that flew west of the Euphrates River — the chairman of the Joint Chiefs of Staff, Gen. Joseph F. Dunford Jr., asserted that the executive branch’s legal authority to attack the Syrian jet came from the 9/11 war authorization law.

Another field of battle outside the purview of the AUMF is Yemen, where Saudi Arabia has been leading a coalition of states against the Iran-backed Houthi rebels who toppled Yemen’s internationally recognized government in 2015. Despite 2 years of brutal war, the average American remains oblivious to the fact that the United States has been helping Saudi Arabia and the United Arab Emirates destroy a sovereign country. While rich Arab states bombard the Middle East’s poorest country, creating a huge humanitarian crisis and an unprecedented cholera outbreak, the U.S. government (starting with the Obama administration and continuing with Trump’s) has continued to support them not only through the sale of weapons, but also through mid-air refueling of military aircraft, targeting intelligence, and other support.

Amid mounting unauthorized U.S. wars around the world, Representatives Ro Khanna (D-Calif.), Thomas Massie (R-Ky.), Mark Pocan (D-Wis.) and Walter Jones (R-N.C.) introduced House Concurrent Resolution 81 that aimed to end the United States support for the Saudi-led coalition in Yemen. The bipartisan resolution was the biggest attempt to enforce the War Powers Act and limit unrestricted conflicts. It declared that Congress has never given authorization for U.S. forces to be involved in the Yemen conflict, so United States assistance to the aerial bombings was based on “no provision of law.” It also called for removal of U.S. military forces aiding the coalition's campaign within 30 days, “unless and until a declaration of war or specific authorization for such use of United States Armed Forces has been enacted.”

The House of Representatives unanimously consented to give the resolution privileged status for a floor vote on Nov. 2, but on Nov. 1, the House Republican leadership forced through a Rules Committee vote which stripped H.Con.Res. 81 of its privileged status and a floor vote. Instead, the House leadership was going to allow a non-binding “compromise” resolution. One legislative aide was quick to bash the move, saying it was in “defiance of the plain text of the War Powers Resolution,” and warning that it set a “very dangerous precedent” for future challenges to illegal wars.

While the Rules Committee technically only stopped a single challenge this way, and the War Powers Act remains on the books, the success of this sort of chicanery means that the congressional leadership can do the exact same thing to any future challenges.

– edited from The New York Times, Common Dreams, Consortiumnews.com and Antiwar.com
PeaceMeal Nov/December 2017

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)


16 yearsand $5.6 trillion later, are the post-9/11 wars worth it?

William D. Hartung

The Costs of War Project at Brown University’s Watson Center released a report in November that estimates the current and future costs of U.S. involvement in Iraq, Afghanistan and other post-9/11 conflicts at an astonishing $5.6 trillion. That’s more than $23,000 per taxpayer.

Those funds dwarf the $1 trillion in cuts in domestic programs over a decade’s time that were called for by the Budget Control Act of 2011, and would have gone a long way to address unmet domestic needs for infrastructure investment, transportation, nutrition, housing and education.

The $5.6 trillion figure raises two fundamental questions: what did we pay for, and what were the results?

The assessment of war costs, researched and written by Neta Crawford, takes a comprehensive view of the subject, looking not only at Pentagon expenditures, but also at expenditures at the State Department, the Department of Homeland Security and the Veteran’s Administration that were either explicitly devoted to or caused by the “war on terrorism.” It also includes U.S. spending in support of allies like Croatia, Georgia, Hungary, Poland and Romania that devoted troops to the U.S.-led interventions in Iraq or Afghanistan.

The estimate also includes $1 trillion in projected future costs for taking care of the veterans of the post-9/11 conflicts, one million of whom are receiving compensation for war-related disabilities, including over 327,000 with traumatic brain injuries.

As the case of U.S. veterans makes clear, the costs of the wars involved more than just money. They involved the lives and health of human beings. In its 2016 assessment, Brown University conservatively estimated that there were 370,000 deaths on all sides attributable to the post-9/11 wars, including 200,000 civilians.

Study author Crawford notes that combat operations since 2001 “have been largely paid for by borrowing, part of the reason the U.S. went from budget surplus to deficits after 2001.” That worries Senate Armed Services Committee ranking member Jack Reed (D-R.I.). “[It’s the] first time, really, in history — in any type of major conflict — that we have borrowed rather than asked people to contribute to the national defense directly, and the result is we’ve got this huge fiscal drag,” Reed said. And in the midst of a major Republican push for tax reform, he said there’s been no talk of raising taxes to pay for the defense-related deficit.

Was this huge expenditure of blood and treasure worth it? Did it substantially reduce the risks of terrorism or reduce the likelihood of future conflicts? The short answer is “no”.

In Afghanistan, 16 years of U.S. military involvement have left a situation in which the Taliban still controls significant parts of the country and is able to carry out devastating attacks on a regular basis. There is no military solution to the Afghan conflict, no matter how many troops the United States throws into the fray. Only a negotiated settlement premised on accountable governance and an end to rampant corruption has a chance of succeeding.

In Iraq, despite recent successes in wresting territory from ISIS, the overall effort since the Bush administration’s 2003 invasion has been a net failure — in lives lost, infrastructure destroyed, and the rise of a sectarian government that made it easier for ISIS to operate and recruit within the country.

Even if the United States and its allies succeed in driving ISIS out of Iraq and Syria, it is unlikely to undermine that organi-zation’s ability to inflict damage in the United States. Recent terrorist attacks have been carried out by individuals who need no material support from ISIS for their predations. Many of them are ideological adherents of ISIS whose main connection is via propaganda downloaded from the Internet, not training in ISIS strongholds in Iraq, Syria or anywhere else.

We need a thorough rethinking of how best to address the terrorist threat that involves a better balance between military and non-military tools, and an aversion to engagement in wars like those the United States has waged in this century. Now is the time to do this re-assessment.

After 16 years of nonstop armed conflict, the American public is war weary, and the needs for domestic investment have never been greater. If the Trump administration fails to rethink our misguided strategy, Congress must do so.

Hartung is the director of the Arms and Security Project at the Center for International Policy. His article is edited from The Hill, November 8, 2017, and was reprinted in PeaceMeal, Nov/December 2017.

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)