Follow us on social

al-Tanf

23 years of endless wars is enough

A new report shows that unrestricted AUMFs are not the norm

Analysis | Global Crises

This September 18 marks the 23rd anniversary of the law that launched the so-called “War on Terror”: the 2001 Authorization for Use of Military Force, also known as the 2001 AUMF.

Passed by Congress a mere three days after the attacks of September 11, the 2001 AUMF still serves as the primary legal basis for a host of military operations around the globe. From air strikes against al-Shabaab in Somalia, hostilities against Iran-backed militias in Iraq and Syria, and detention operations at Guantanamo Bay, the 2001 AUMF has been the legal backbone for a series of wars that have continued for more than two decades — twice as long as the world wars combined.

The forever wars we find ourselves in were far from the intention of the Congress that passed the 2001 AUMF, which only permits the use of force against the “nations, organizations, or persons [the president determined] planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.” While not explicitly named in the AUMF, these were well understood to be al-Qaida — who carried out the 9/11 attacks — and the Taliban, who harbored them in Afghanistan.

So, how did we get here? How, with the war in Afghanistan having ended three years ago, is the executive branch still relying on a decades-old war authorization for operations against groups that didn’t even exist when it was passed?

While the 2001 AUMF was intended to apply to just al-Qaida and the Taliban, the absence of clear limiting language and some impressive legal gymnastics have seen successive presidential administrations expand it to cover numerous organizations across almost two dozen countries. The wars conducted under the 2001 AUMF have resulted in the loss of at least 432,000 civilian lives and expanded use of military force from South Asia to Africa and Southeast Asia, all without explicit congressional approval.

A significant driver of the overbreadth of the 2001 AUMF is the executive branch’s claim that it authorizes the use of force against “associated forces.” This concept — which is nowhere to be found in the text of the law — posits that the authorization can be applied to armed groups that are “co-belligerents” of al-Qaida or the Taliban.

While the concept of co-belligerency exists in international law, it lacks a formal definition. Furthermore, the way the executive branch has applied co-belligerency in the War on Terror has been criticized as “fluid, evolving, [and] internally contested.” The inherently flexible nature of the associated forces notion has led consecutive administrations to apply the 2001 AUMF to groups unconnected to the 9/11 attacks, some of whom — like ISIS — did not even exist in 2001.

It is what has allowed the 2001 AUMF to become what many call a “blank check for war.”

A new report from the Friends Committee on National Legislation (FCNL) assessing all 30 AUMFs passed by Congress going back to 1789, finds the 2001 AUMF the only one in history without any clear and specific limits regarding who it will be used against, where it will be used, what actions can be carried out, or how long the authorization will remain active.

This finding highlights just how unprecedented the 2001 AUMF’s lack of limits is. Any replacement for the 2001 AUMF and all future authorizations must adhere to our long history of necessary restrictions by including limits as to time, geography, and enemy, and explicitly exclude the possibility of an unchecked president adding additional “associated forces” to the authorization.

Various attempts have been made to sunset or revise the 2001 AUMF, the most recent being a 2023 House effort, which culminated in a hearing last September before grinding to a halt. Despite the challenges, members of Congress who take on this task should be applauded for their efforts.

The need to revisit the 2001 AUMF is clear. FCNL’s new report should inform members of Congress as they consider the necessary limits on any replacement and how to craft any future AUMFs. Deciding if, when, and where the U.S. engages in military action is the responsibility of Congress, which has a long history of including necessary limits in AUMFs.

Congress must ensure it never again passes a war authorization that cedes its war authority to the executive branch by failing to appropriately limit force. Failing to do so will only lead to a world of continued endless wars and devastation. We have enough of that already.


Soldiers deployed to At-Tanf Garrison, Syria, watch for the impact of an 81 mm mortar from an observation point during a readiness exercise on April 22, 2020. Coalition forces and our partner the Maghaweir al-Thowra remain united and determined in our mission to degrade and defeat Daesh in southern Syria. (U.S. Army photo by Staff Sgt. William Howard)

Analysis | Global Crises
POGO The Bunker
Top image credit: Project on Government Oversight

Army prematurely pushes Black Hawk replacement into production

Military Industrial Complex

The Bunker appears originally at the Project on Government Oversight and is republished here with permission.

keep readingShow less
Abrams M1A2 Main Battle Tank
Top photo credit: An Abrams M1A2 Main Battle Tank is loaded onto a trailer headed to Vaziani TrainingArea May 5, 2016, in preparation for Noble Partner 16. (Photo by Spc. Ryan Tatum, 1st Armor Brigade Combat Team, 3rd Infantry Division)

Gutting military testing office may be the deadliest move yet

Military Industrial Complex

With the stroke of a pen, Secretary of Defense Pete Hegseth has gutted the Pentagon’s weapon testing office.

His order is intended to “eliminate any non-statutory or redundant functions” by reducing the office to 30 civilian employees and 15 assigned military personnel. The order also terminates contractor support for the testing office.

keep readingShow less
President of Egypt Abdel Fattah el-Sisi
Top image credit: President of Egypt Abdel Fattah el-Sisi attends the 34th Arab League summit, in Baghdad, Iraq, May 17, 2025. Hadi Mizban/Pool via REUTERS

Egypt's energy gamble has left it beholden to Israel

Middle East

As the scorching summer season approaches, Egypt finds itself once again in the throes of an uncomfortable ritual: the annual scramble for natural gas.

Recent reports paint a concerning picture of what's to come, industrial gas supplies to vital sectors like petrochemicals and fertilizers have been drastically cut, some by as much as 50 percent. The proximate cause? Routine maintenance at Israel’s Leviathan mega-field, leading to a significant drop in imports.

But this is merely the latest symptom of a deeper, more chronic ailment. Egypt, once lauded as a rising energy hub, has fallen into a perilous trap of dependence, its national security and foreign policy options increasingly constrained by an awkward reliance on Israeli gas.

For years, the Egyptian government assured its populace and the world of an impending energy bonanza. The discovery of the gargantuan Zohr gas field in 2015, hailed as the largest in the Mediterranean, was presented as the dawn of a new era. By 2018, when Zohr began production, President Abdel Fattah el-Sisi declared that Egypt had "scored a goal," promising self-sufficiency and even the transformation into a regional gas exporter. The vision was that Egypt, once an importer, would leverage its strategic location and liquefaction plants to become a vital conduit for Eastern Mediterranean gas flowing to Europe.

Billions were poured into new power stations, further solidifying the nation's reliance on gas for electricity generation, which today accounts for a staggering 60 percent of its total consumption.

keep readingShow less

LATEST

QIOSK

Newsletter

Subscribe now to our weekly round-up and don't miss a beat with your favorite RS contributors and reporters, as well as staff analysis, opinion, and news promoting a positive, non-partisan vision of U.S. foreign policy.