Encyclopedia > Authorization for the Use of Military Force Against Iraq
The Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq (H.J.Res. 114) was a resolution passed in October 2002 by the United States Congress authorizing what was soon to become the 2003 invasion of Iraq under the War Powers Resolution. The authorization was sought by U.S. President George W. Bush, and it passed the House by a vote of 296-133 and the Senate by a vote of 77-23, receiving significant support from both major political parties. It was signed into law by President Bush on October 16, 2002.
The act cited several factors to justify a war:
Iraq's noncompliance with the conditions of the 1991 cease fire
Iraq's weapons of mass destruction, and programs to develop such weapons, posed a "threat to the national security of the United States and international peace and security in the Persian Gulf region"
Iraq's "brutal repression of its civilian population"
Iraq's "capability and willingness to use weapons of mass destruction against other nations and its own people"
Iraq's hostility towards the United States as demonstrated by the 1993 assassination attempt of George Bush Sr, and firing on coalition aircraft enforcing the no-fly zones following the 1991 Gulf War
Iraq's connection to terrorist groups, including Al Qaeda
Fear that Iraq would provide weapons of mass destruction to terrorists for use against the United States
The act praised President Bush's diplomatic efforts at the UN Security Council to "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." It authorized him to use military force 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." Before being permitted to use force, the President was required to determine that further diplomatic efforts alone would not satisfactorily protect the United States or ensure Iraq's compliance with UNSC resolutions.
The act was significant in that it did not require the President to obtain UN Security Council authorization. Further, even if Iraq complied with UNSC resolutions, the President was still authorized to attack in order to protect the United States. This was, in effect, approval for Bush to act unilaterally. This was viewed among American conservatives as a major impetus for the UNSC's unanimous adoption of resolution 1441 a few weeks later.
UN inspection teams were searching Iraq for these alleged weapons for nearly four months prior to the invasion and were willing to continue, but were forced out by the onset of war in spite of their requests for more time.
Force was not authorized by resolution 1441 itself, as the language of the resolution mentioned "serious consequences," which the majority of Security Council members argued did not include the use of force to overthrow the government; however the threat of force, as cultivated by the Bush administration, was prominent at the time of the vote.
Iraq was subsequently marked by violent conflict between U.S.-led occupation of Iraq soldiers and forces described by the occupiers as insurgents.
Those usingforce in the name of defending human rights will have to be seen to be defending human rights, not only at home but also aboard [sic] wherever they are threatened.
Among the relevant restrictions on the use of force is the (recently ignored) Caroline 'necessity and proportionality' test, which strictly limits the circumstances under which nations may justifiably engage in anticipatory self-defense.
The article examines why UN sanctions againstIraq were deemed "necessary in the name of international peace and security despite their negative humanitarian consequences," it attempts to identify the "institutional failings which contributed towards such a policy," and it recommends "alternative approaches".
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