The Iraq Resolution (formally the Authorization for Use of Military Force Against Iraq Resolution of 2002, [1] Pub.L. 107–243 , 116 Stat. 1498 , enacted October 16, 2002, H.J.Res. 114) is a joint resolution passed by the United States Congress in October 2002 as Public Law No: 107-243, authorizing military action against Iraq. [2]
An Act of Congress is a statute enacted by the United States Congress. It can either be a Public Law, relating to the general public, or a Private Law, relating to specific institutions or individuals.
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress. Each act and resolution of Congress is originally published as a slip law, which is classified as either public law or private law (Pvt.L.), and designated and numbered accordingly. At the end of a Congressional session, the statutes enacted during that session are compiled into bound books, known as "session law" publications. The session law publication for U.S. Federal statutes is called the United States Statutes at Large. In that publication, the public laws and private laws are numbered and organized in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws, and codification.
In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the president for his or her approval or disapproval. Generally, there is no legal difference between a joint resolution and a bill. Both must be passed, in exactly the same form, by both chambers of Congress, and signed by the President to become a law. Only joint resolutions may be used to propose amendments to the United States Constitution and these do not require the approval of the President. Laws enacted by virtue of a joint resolution are not distinguished from laws enacted by a bill, except that they are designated as resolutions as opposed to Acts of Congress.
The resolution cited many factors as justifying the use of military force against Iraq: [3] [4]
Ba'athist Iraq, formally the Iraqi Republic, covers the history of Iraq between 1968 and 2003, during the period of the Arab Socialist Ba'ath Party's rule. This period began with high economic growth and soaring prosperity, but ended with Iraq facing social, political, and economic stagnation. The average annual income decreased because of several external factors, and several internal policies of the government.
United Nations Security Council Resolution 687, adopted on 3 April 1991, after reaffirming resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, 677, 678 and 686 (1991), the Council set the terms, in a comprehensive resolution, with which Iraq was to comply after losing the Gulf War. Resolution 687 was passed by 12 votes to one against (Cuba) with two abstentions from Ecuador and Yemen after a very extended meeting. Iraq accepted the provisions of the resolution on 6 April 1991.
United Nations Special Commission (UNSCOM) was an inspection regime created by the United Nations to ensure Iraq's compliance with policies concerning Iraqi production and use of weapons of mass destruction after the Gulf War. Between 1991 and 1997 its director was Rolf Ekéus; from 1997 to 1999 its director was Richard Butler.
The Persian Gulf is a mediterranean sea in Western Asia. The body of water is an extension of the Indian Ocean through the Strait of Hormuz and lies between Iran to the northeast and the Arabian Peninsula to the southwest. The Shatt al-Arab river delta forms the northwest shoreline.
The resolution "supported" and "encouraged" diplomatic efforts by President George W. Bush to "strictly enforce through the U.N. Security Council all relevant Security Council resolutions regarding Iraq" and "obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq."
George Walker Bush is an American politician and businessman who served as the 43rd president of the United States from 2001 to 2009. He had previously served as the 46th governor of Texas from 1995 to 2000.
The resolution authorized President Bush to use the Armed Forces of the United States "as he determines to be necessary and appropriate" in order to "defend the national security of the United States against the continuing threat posed by Iraq; and enforce all relevant United Nations Security Council Resolutions regarding Iraq."
National security refers to the security of a nation state, including its citizens, economy, and institutions, and is regarded as a duty of government.
An authorization by Congress was sought by President George W. Bush soon after his September 12, 2002 statement before the U.N. General Assembly asking for quick action by the Security Council in enforcing the resolutions against Iraq. [5] [6]
Of the legislation introduced by Congress in response to President Bush's requests, [7] S.J.Res. 45 sponsored by Sen. Daschle and Sen. Lott was based on the original White House proposal authorizing the use of force in Iraq, H.J.Res. 114 sponsored by Rep. Hastert and Rep. Gephardt and the substantially similar S.J.Res. 46 sponsored by Sen. Lieberman were modified proposals. H.J.Res. 110 sponsored by Rep. Hastings was a separate proposal never considered on the floor. Eventually, the Hastert–Gephardt proposal became the legislation Congress focused on.
Introduced in Congress on October 2, 2002, in conjunction with the Administration's proposals, [3] [8] H.J.Res. 114 passed the House of Representatives on Thursday afternoon at 3:05 p.m. EDT on October 10, 2002, by a vote of 296-133, [9] and passed the Senate after midnight early Friday morning, at 12:50 a.m. EDT on October 11, 2002, by a vote of 77-23. [10] It was signed into law as Pub.L. 107–243 by President Bush on October 16, 2002.
Party | Ayes | Nays | Not Voting |
---|---|---|---|
Republican | 215 | 6 | 2 |
Democratic | 82 | 126 | 1 |
Independent | 0 | 1 | 0 |
TOTALS | 297 | 133 | 3 |
Party | Yeas | Nays |
---|---|---|
Republican | 48 | 1 |
Democratic | 29 | 21 |
Independent | 0 | 1 |
TOTALS | 77 | 23 |
Sens. Baucus (D-MT), Bayh (D-IN), Biden (D-DE), Breaux (D-LA), Cantwell (D-WA), Carnahan (D-MO), Carper (D-DE), Cleland (D-GA), Clinton (D-NY), Daschle (D-SD), Dodd (D-CT), Dorgan (D-ND), Edwards (D-NC), Feinstein (D-CA), Harkin (D-IA), Hollings (D-SC), Johnson (D-SD), Kerry (D-MA), Kohl (D-WI), Landrieu (D-LA), Lieberman (D-CT), Lincoln (D-AR), Miller (D-GA), Nelson (D-FL), Nelson (D-NE), Reid (D-NV), Rockefeller (D-WV), Schumer (D-NY), and Torricelli (D-NJ).
Sens. Akaka (D-HI), Bingaman (D-NM), Boxer (D-CA), Byrd (D-WV), Conrad (D-ND), Corzine (D-NJ), Dayton (D-MN), Durbin (D-IL), Feingold (D-WI), Graham (D-FL), Inouye (D-HI), Kennedy (D-MA), Leahy (D-VT), Levin (D-MI), Mikulski (D-MD), Murray (D-WA), Reed (D-RI), Sarbanes (D-MD), Stabenow (D-MI), Wellstone (D-MN), and Wyden (D-OR).
There have been no findings by any legal tribunal with both legal authority and legal jurisdiction that any laws were violated. There are only two legal tribunals with both authority and jurisdiction to make such a finding: (1) The US federal courts and (2) the United Nations. Advisory opinions are prohibited in US Courts and are also prohibited by the UN Charter unless the security council authorizes them. There are no relevant advisory opinions or legal finding regarding the legality. The United Nations security council has made no findings on the issues.
There is no requirement in international law that the United States (or any nation) seek permission to initiate any war of self-defense. [26] "The United States government has argued, wholly apart from Resolution 1441, that it has a right of pre-emptive self-defense to protect itself from terrorism fomented by Iraq. [27] Although this position has been intensively criticized, without any legal finding for support, claims for legality or illegality are merely debates. To prove illegality it would first be necessary to prove that the US did not meet the conditions of necessity and proportionality and that the right of pre-emptive defense did not apply. [28] In September 2004, Kofi Annan, Secretary General of the United Nations, reiterated his opinion “that it was not in conformity with the UN Charter" and "it was illegal". [29]
The United States Court of Appeals for the First Circuit refused to review the legality of the invasion in 2003, citing a lack of ripeness.
In early 2003, the Iraq Resolution was challenged in court to stop the invasion from happening. The plaintiffs argued that the President does not have the authority to declare war. The final decision came from a three-judge panel from the US Court of Appeals for the First Circuit which dismissed the case. Judge Lynch wrote in the opinion that the Judiciary cannot intervene unless there is a fully developed conflict between the President and Congress or if Congress gave the President "absolute discretion" to declare war. [30]
Similar efforts to secure judicial review of the invasion's legality have been dismissed on a variety of justiciability grounds.
Debate about the legality of the 2003 invasion of Iraq under international law, centers around ambiguous language in parts of U.N. Resolution 1441 (2002). [31] The U.N. Charter in Article 39 states: "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security".
The position of the U.S. and U.K. is that the invasion was authorized by a series of U.N. resolutions dating back to 1990 and that since the U.N. security council has made no Article 39 [32] finding of illegality that no illegality exists.
Resolution 1441 declared that Iraq was in "material breach" of the cease-fire under U.N. Resolution 687 (1991), which required cooperation with weapons inspectors. The Vienna Convention on the Law of Treaties states that under certain conditions, a party may invoke a "material breach" to suspend a multilateral treaty. Thus, the U.S. and U.K. claim that they used their right to suspend the cease-fire in Resolution 687 and to continue hostilities against Iraq under the authority of U.N. Resolution 678 (1990), which originally authorized the use of force after Iraq invaded Kuwait. [33] This is the same argument that was used for Operation Desert Fox in 1998. [34] They also contend that, while Resolution 1441 required the UNSC to assemble and assess reports from the weapons inspectors, it was not necessary for the UNSC to reach an agreement on the course of action. If, at that time, it was determined that Iraq breached Resolution 1441, the resolution did not "constrain any member state from acting to defend itself against the threat posed by Iraq". [35]
It remains unclear whether any party other than the Security Council can make the determination that Iraq breached Resolution 1441, as U.N. members commented that it is not up to one member state to interpret and enforce U.N. resolutions for the entire council. [36] In addition, other nations have stated that a second resolution was required to initiate hostilities. [37] Some have asserted that the war was an illegal war of aggression, and Kofi Annan, former United Nations Secretary-General, expressed the belief that the war in Iraq was an "illegal act that contravened the U.N. charter." [38]
The Iraq disarmament crisis was claimed as one of primary issues that led to the multinational invasion of Iraq on 20 March 2003. Since the 1980s, Iraq was widely assumed to have been producing and extensively running the programs of biological, chemical and nuclear weapons. During the heights of Iran–Iraq War, Iraq had used its offensive chemical program against Iran and Kurdish civilians, also in the 1980s. With the French and Soviet assistance given to Iraqi nuclear program, its primary facility was secretly destroyed by Israel in 1981.
The United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) was created through the adoption of United Nations Security Council resolution 1284 of 17 December 1999 and its mission lasted until June 2007.
United Nations Security Council Resolution 1441 is a United Nations Security Council resolution adopted unanimously by the United Nations Security Council on 8 November 2002, offering Iraq under Saddam Hussein "a final opportunity to comply with its disarmament obligations" that had been set out in several previous resolutions. It provided a justification for what was subsequently termed the US invasion of Iraq.
In March 2003 the United States government announced that "diplomacy has failed" and that it would proceed with a "coalition of the willing" to rid Iraq under Saddam Hussein of weapons of mass destruction the US insisted it possessed. The 2003 invasion of Iraq began a few days later.
The War Powers Resolution is a federal law intended to check the president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The Resolution was adopted in the form of a United States Congress joint resolution. It provides that the U.S. President can send U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization," or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."
The United States of America is a charter member of the United Nations and one of five permanent members of the UN Security Council.
Carl Milton Levin is an American attorney and retired politician who served as a United States Senator from Michigan from 1979 to 2015. He was the chair of the Senate Committee on Armed Services and is a member of the Democratic Party.
A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. The document Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications gives an extensive listing and summary of statutes which are automatically engaged upon the US declaring war.
United Nations Security Council Resolution 678, adopted on 29 November 1990, after reaffirming resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674 and 677, the Council noted that despite all the United Nations efforts, Iraq continued to defy the Security Council.
The Iraq Liberation Act of 1998 is a United States Congressional statement of policy stating that "It should be the policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq ..." It was signed into law by President Bill Clinton, and states that it is the policy of the United States to support democratic movements within Iraq. The Act was cited in October 2002 to argue for the authorization of military force against the Iraqi government.
Events in the year 2002 in Iraq.
The use of force by states is controlled by both customary international law and by treaty law. The UN Charter reads in article 2(4):
All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.
A dispute exists over the legitimacy of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion. Those arguing for its legitimacy often point to Congressional Joint Resolution 114 and UN Security Council resolutions, such as Resolution 1441 and Resolution 678. Those arguing against its legitimacy also cite some of the same sources, stating they do not actually permit war but instead lay out conditions that must be met before war can be declared. Furthermore, the Security Council may only authorise the use of force against an "aggressor" in the interests of preserving peace, whereas the 2003 invasion of Iraq was not provoked by any aggressive military action.
The Kerry and Feingold Amendment proposed the withdrawal of American armed forces from Iraq by July 2007 with the exception of a few to maintain security. The proposal was defeated in the United States Senate in an 86 to 13 vote.
British Parliamentary approval for the invasion of Iraq was given by the elected members of the British House of Commons to Tony Blair's government on the eve of the 2003 invasion of Iraq, in a series of two votes, on 18 March 2003.
The Authorization for Use of Military Force (AUMF), Pub. L. 107-40, codified at 115 Stat. 224 and passed as S.J.Res. 23 by the United States Congress on September 14, 2001, authorizes the use of United States Armed Forces against those responsible for the attacks on September 11, 2001 and any "associated forces". The authorization granted the President the authority to use all "necessary and appropriate force" against those whom he determined "planned, authorized, committed or aided" the September 11th attacks, or who harbored said persons or groups. The AUMF was signed by President George W. Bush on September 18, 2001. In December 2016, the Office of the President published a brief interpreting the AUMF as providing Congressional authorization for the use of force against al-Qaeda and other militant groups.
The legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, Australia, Poland and a coalition of other countries launched the 2003 invasion of Iraq. The then United Nations Secretary-General Kofi Annan stated in September 2004 that: "I have indicated it was not in conformity with the UN charter. From our point of view and the UN Charter point of view, it [the war] was illegal", explicitly declaring that the US-led war on Iraq was illegal.
Hillary Rodham Clinton served as a United States Senator from New York from January 3, 2001 to January 21, 2009. She won the United States Senate election in New York, 2000 and the United States Senate election in New York, 2006. Clinton resigned from the Senate on January 21, 2009 to become United States Secretary of State for the Obama Administration.
The Authorization for Use of Military Force Against Iraq Resolution or Joint Resolution to authorize the use of United States Armed Forces pursuant to United Nations Security Council Resolution 678, was the United States Congress's January 14, 1991 authorization of the use of U.S. military force in the Gulf War.
The National Defense Authorization Act (NDAA) for Fiscal Year 2013 is a United States federal law which specifies the budget and expenditures of the United States Department of Defense for Fiscal Year 2013. The full title is An Act to Authorize Appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. This law has been assigned the number PL 112-239.
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