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Encyclopedia > Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq

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Headline text

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 Iraq War under the War Powers Resolution. The authorization was sought by U.S. President George W. Bush, and it passed the House on October 10 by a vote of 296-133, and by the Senate on October 11 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. 2002 (MMII) is a common year starting on Tuesday of the Gregorian calendar. ... The Congress of the United States is the legislative branch of the federal government of the United States of America. ... The Iraq war or war in Iraq, is both an informal and formal term for military conflicts in Iraq that began with the invasion of 2003 by the multinational coalition of American, British, and other forces. ... The War Powers Resolution (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of the Congress. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States. ... October 10 is the 283rd day of the year (284th in Leap years). ... October 11 is the 284th day of the year (285th in Leap years). ... October 16 is the 289th day of the year (290th in Leap years). ... 2002 (MMII) is a common year starting on Tuesday of the Gregorian calendar. ...


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. Order: 41st President Term of Office: January 20, 1989–January 20, 1993 Preceded by: Ronald Reagan Succeeded by: Bill Clinton Date of birth: June 12, 1924 Place of birth: Milton, Massachusetts Date of death: Place of death: First Lady: Barbara Pierce Bush Political party: Republican Vice President: Dan Quayle George...


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 President Bush to act unilaterally. This was viewed among American conservatives as a major impetus for the UNSC's unanimous adoption of UN Security Council Resolution 1441 a few weeks later. United Nations Security Council Resolution 1441 is a resolution by the UN Security Council, passed unanimously on November 8, 2002, offering Iraq a final opportunity to comply with its disarmament obligations that had been set out in several previous resolutions (Resolution 660, Resolution 661, Resolution 678, Resolution 686, Resolution 687...


Criticism

Critics of the Iraq War have drawn comparisons between this resoultion and the Gulf of Tonkin Resolution in that Republicans and Democrats overwhelmingly voted in favor of this resolution and those who had doubts about the pending war were pressured into voting for the resolution anyway. The Iraq war or war in Iraq, is both an informal and formal term for military conflicts in Iraq that began with the invasion of 2003 by the multinational coalition of American, British, and other forces. ... Chart showing the US Navy’s interpretation of the events of the first part of the Gulf of Tonkin incident The Gulf of Tonkin Incident was originally presented as a pair of battles initiated by North Vietnamese gunboats without provocation against two U.S. destroyers, that took place in August...


External links


  Results from FactBites:
 
US, Congress, "Joint Resolution to Authorize the use of United States Armed Forces Against Iraq," New York ... (497 words)
Whereas the Iraq Liberation Act (Public Law 105-338) expressed the sense of Congress that it should be the policy of the United States to support efforts to remove from power the current Iraqi regime and promote the emergence of a democratic government to replace that regime;
This joint resolution may be cited as the `Authorization for the Use of Military Force Against Iraq'.
(2) acting pursuant to this resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations or persons who planned, authorized, committed or aided the terrorists attacks that occurred on September 11, 2001.
THE PRESIDENT'S CONSTITUTIONAL AUTHORITY TO CONDUCT MILITARY OPERATIONS AGAINST TERRORISTS AND NATIONS SUPPORTING THEM (10388 words)
United States, 334 U.S. Nor is the authority to protect national security limited to actions necessary for "victories in the field." Application of Yamashita, 327 U.S. The authority over national security "carries with it the inherent power to guard against the immediate renewal of the conflict." Id.
Against the background of this repeated past practice under many Presidents, this Department and this Office have concluded that the President has the power to commit United States troops abroad for the purpose of protecting important national interests.
We of course understand that terrorist organizations and their state sponsors operate by secrecy and concealment, and that it is correspondingly difficult to establish, by the standards of criminal law or even lower legal standards, that particular individuals or groups have been or may be implicated in attacks on the United States.
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