Archive for the ‘Iraq’ Category

Weapons Like The Ones I Saw In Iraq Were Used In The Uvalde Mass Shooting – HuffPost

I served two combat tours in Iraq. I never thought I would see weapons in my community reminiscent of the type that my Marines and I used on the battlefield. Yet here we are, again. Nineteen children and three adults dead in another senseless act of gun violence in my home state of Texas. I am heartbroken. I am frustrated. I am seething.

This tragedy comes only 10 days after a racially motivated mass shooting at a grocery store in Buffalo, New York, that killed 10 people. Nearly a decade after 20 first-graders and six adults were murdered in Newtown, Connecticut. I mourn with the victims families and stand in solidarity with Uvalde, a small, predominantly Hispanic town 85 miles west of San Antonio.

As a gun owner and a veteran, I understand the many reasons to possess a firearm. I do not comprehend our leaders inability to enact bipartisan gun safety reform. Especially with the breakneck rate at which these horrific events continue to rip our neighborhoods, families and country apart.

FBI data reveals an upward trend in the frequency of mass shootings and killing sprees that span multiple locations. The FBI designated 61 active shooter events in 2021, a 50% increase from the previous year.

When will it end? When will Congress act? The shooting in Uvalde is the most recent reminder that our society values gun ownership more than education. More than mental health services. More than innocent human lives. I support two pieces of legislation that Tony Gonzales, the incumbent representing Uvalde in Congress, voted against: the Bipartisan Background Checks Act and the Violence Against Women Act, which contain common-sense solutions to prevent guns from falling into the hands of those who aim to commit violence.

Without measures to prevent gun violence or prohibit the mentally unstable from accessing a firearm, it is only a matter of time before another community is thrust into the national spotlight. We need to reconfigure our priorities. We need to limit access to combat weapons, and we need to hold our leaders in office accountable for their failure to ensure that our communities are safe places to live, work, shop, pray and study.

The shooting in Uvalde is the most recent reminder that our society values gun ownership more than education. More than mental health services. More than innocent human lives.

The FBI defines a mass shooting as an event with three or more casualties. There have been eight mass shootings in Texas since 2009.

Gov. Greg Abbott and Sen. Ted Cruz are scheduled to speak on Friday at the National Rifle Associations 2022 annual meeting. Will they acknowledge that the deadliest mass shooting in Texas history at a Sutherland Springs church happened on their watch? Or that the El Paso shopping center shooting in which 23 people were killed took place almost two years later, also during their tenure?

If Texas had adopted extreme risk laws, the massacre in Uvalde might have been thwarted. Under this policy, if someone displays signs that they may intend to harm themselves or others, their weapons can be temporarily seized. Nineteen states have enacted this proven, evidence-based, life-saving measure. Why not Texas? The gunman posted multiple photos of his weapons days before his rampage.

I recognize the pain the people of Uvalde are feeling. As a father, I cannot imagine sending my daughter to school in the morning and never seeing her again. Uvalde is a tight-knit, minority-majority community of modest means. I come from a working-class Latino family. When a family loses a loved one, it is devastating for everyone. Twenty-three families are reeling from unimaginable grief.

Today we mourn. Tomorrow we fight for gun safety reform so that no more families suffer the same fate.

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Weapons Like The Ones I Saw In Iraq Were Used In The Uvalde Mass Shooting - HuffPost

Bruised, broken and captured in Iraq: A story of survival and true faith – CHVN Radio

Joshua Bold grew up in a Christian home, but his faith took some time to grow. In his teen years, he struggled with drugs, everything from cocaine to meth.

"It took me for a ride. By the time I was 25 years old, I was pretty much spent as a human being. My relationships were broken and so was everything else," said Joshua.

His dad had given him a bible for Christmas that previous year and told him he had done everything as a father that he knew to do.

"He said, I am going to give you this Bible, and at a time of your life when you feel like all hope is lost, I pray that you will turn to God's word."

One night while at his lowest point, he pulled out the Bible and flipped it open. It landed on Psalms 8.

"I called my mom, I was high and probably drunk and didn't know what was going on, but I told her, I think God wants me to be a preacher or something."

The following week there was a men's conference in New Mexico that his dad was attending. His father asked him to come with him.

"I went to this conference, and I saw 1000 men worshiping Jesus, real men. Men that had been through things," Joshua explained. "They didn't look like they grew up on church pews. They looked like men who had seen some things. I felt the presence of God in a real powerful way, and I prayed a prayer. I told God if he'd save my life, I'd give him everything. At that moment, I was delivered from addiction."

Joshua dedicated his life to God from then on, attending Bible School. Three years later, he moved to northern Iraq with his wife, where they decided to work as missionaries. It was also in Iraq where his life would change forever.

"We were in an area of a city that is not friendly to Americans and Christians. It was just one of those days you just don't think you're going to experience," said Joshua. "I was in a busy shopping area, and through a set of certain circumstances, I was surrounded by a group of men who didn't like that I was an American Christian, and they captured me."

They put three sets of handcuffs on his hands, stomped and beat him, cracking three vertebrae. They eventually brought him to a basement area, where they tied him to a chair and continued to beat him.

"In the middle of that situation, I thought, how am I going to get out of here and take care of my wife and daughter? I asked the men to let me go," Joshua explained. "They told me I'd never see the light of day and that I didn't have a wife or daughter anymore."

Joshua was at a loss, so he started to pray, asking God to deliver him from the situation.

"Right there, the Lord showed him that those men had no idea what they were doing and that they were walking in confusion. He said, ask them for forgiveness."

And that's what Joshua did. He told the men why he was in Iraq and asked for forgiveness for anything that his country may have done to make them angry.

"When I did that, those men became very confused. They started to argue and left the room for a few minutes. When they came back, they had a man on the phone."

Joshua talked to this man, told him who he was and asked to be set free.

"The man on the phone told me to admit that I'm guilty. At that point, I didn't know if that meant I would die or be set free. I said I would accept any accusation that these men make against me. All I ask is that you release me and allow me to stand in front of a judge."

The men in the room left again. This time they came back with a bucket of water and rags.

"They took the handcuffs off of me. They washed the blood off my face, and the one who had beaten me the worst kissed me on the cheeks and said, we're brothers now," Joshua explained. "They released me and brought me to my family."

"That is a story of God's deliverance," said Joshua. "If God can deliver me from a basement, being beaten by terrorists in Iraq. He can look at any man, woman or child situation on this planet. He can see the darkness that surrounds them. He can look at them, and his love can penetrate that situation and bring freedom and deliverance."

Joshua now spends his days as the president of aims.org, mobilizing the church to send native missionaries to the remaining unreached tribes of the earth.

Today on Connections, Joshua shares his powerful testimony. He'll also chat about the work that aims.org is doing.

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Bruised, broken and captured in Iraq: A story of survival and true faith - CHVN Radio

Sandstorm forces closure of Iraqi airports and public buildings – Al Arabiya English

Iraq closed public buildings and temporarily shut airports Monday as another sandstorm -- the ninth since mid-April -- hit the country, authorities said.

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The capital Baghdad was enveloped in a giant dust cloud that left usually traffic-choked streets largely deserted, an AFP correspondent said.

Prime Minister Mustafa al-Kadhemi ordered all work to cease in public institutions, with the exception of health facilities and security agencies.

He cited poor climatic conditions and the arrival of violent sandstorms in a statement issued by his office.

Iraq is ranked as one of the five most vulnerable nations to climate change and desertification.

The environment ministry has warned that over the next two decades, Iraq could endure an average of 272 days of sandstorms per year, rising to above 300 by 2050.

Air traffic was suspended Monday at international airports in Baghdad, Erbil and Najaf, according to statements issued by each airport, before authorities announced later in the morning that flights were resuming at Baghdad and Erbil.

The previous two sandstorms killed one person and sent nearly 10,000 people to hospital with respiratory problems.

The Middle East has always been battered by sandstorms, but they have become more frequent and intense in recent years.

The trend has been associated with rising heat and water scarcity, overuse of river water, more dams, overgrazing and deforestation.

Oil-rich Iraq is known in Arabic as the land of the two rivers, in reference to the Tigris and Euphrates.

Iraqs environment ministry has said the weather phenomenon could be addressed by increasing vegetation cover and planting trees that act as windbreaks.

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Experts warn of health effects from dusty conditions as sandstorm blankets UAE

Sandstorm blankets Saudi Arabias capital Riyadh

Iraq sandstorm forces closure of airports, schools, public administrations

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Sandstorm forces closure of Iraqi airports and public buildings - Al Arabiya English

PM emphasizes expanding EU mission scope of work in Iraq – Iraqi News

Baghdad (IraqiNews.com) Iraqi Prime Minister, Mustafa Al-Kadhimi, stressed the importance of expanding the scope of work of the EU Advisory Mission in Iraq, during his meeting, on Monday, with a delegation from the European Parliament headed by the Chair of the Subcommittee on Security and Defense, Nathalie Loiseau, according to a press statement issued by the Prime Minister office.

During the meeting, al-Kadhimi confirmed that Iraq greatly prioritizes the relationship with the EU countries, and seeks to develop joint cooperation in fields of combating terrorism, the war against ISIS, and developing the military capabilities of the Iraqi forces.

Al-Kadhimi emphasized the importance of expanding the scope of work of the EU Advisory Mission in Iraq to include building institutional capacities of the Iraqi security institutions, and to cooperate in combating illegal immigration, organized crime and drug trafficking.

Loiseau explained that the EU sees Iraq as a key partner, important country in the Middle East and an important factor that contributes to the stability of the region.

Europe is ready to continue providing assistance to Iraq in fighting the remnants of terrorist groups, Loiseau said during the meeting.

Loiseau also expressed Europes desire to strengthen stability in Iraq, particularly after the recent legislative elections which representatives of the European Parliament saw as organized and fair.

Both sides discussed regional and international developments, the ongoing war between Russia and Ukraine, and its impact on the security and future of Europe, and on the global energy sector and food prices.

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PM emphasizes expanding EU mission scope of work in Iraq - Iraqi News

Still at War: The United States in Iraq – Just Security

Editors note: This article is the sixth installment in our Still at War Symposium, which can be accessed here.

Almost twenty years have passed since the United States invaded Iraq to topple Saddam Hussein. After the invasion, U.S. forces remained in Iraq for eight years before withdrawing in 2011, only to return in 2014 to fight a new terrorist threat from the Islamic State of Iraq and Syria (ISIS). Todays counter-ISIS mission in Iraq (ongoing since 2014) rests on a strong international legal basis, relying on Iraqi consent along with the principle of self-defense and the support of the U.N. Security Council. But U.S. domestic authorization has grown tenuous, based (like so many other current U.S. conflicts) on stretched interpretations of the 2001 and 2002 Authorizations for Use of Military Force (AUMFs), the latter of which dates back to the 2003 Iraq War itself. Meanwhile, the legal basis for recent U.S. military actions against Iranian-backed groups in Iraq is questionable as a matter of domestic and international law. While policy imperatives to keep limited military forces in Iraq remain, it is crucial to reevaluate the legal basis and policy objectives for continuing U.S. military operations there.

In 2011, President Barack Obama announced the withdrawal of U.S. military forces from Iraq, fulfilling his campaign promise to end the Iraq War that began under the Bush administration in 2003. But just three years later, U.S. troops returned, responding to the rapid advances and widely publicized atrocities of ISIS. At the head of a coalition of allied nations known as the Combined Joint Task Force-Operation Inherent Resolve (CJTF-OIR), and in close support of Iraqi and local forces (including Kurdish forces), the United States played a pivotal role in liberating vast swathes of territory from ISIS, degrading its capabilities, and preventing it from continuing to commit gross violations of international humanitarian law against local populations.

By 2017, ISIS no longer held territory in Iraq, and the Iraqi Security Forces (ISF) supported by the CJTF had liberated ISISs last stronghold in the city of Mosul (Iraqs second largest city and ISISs de facto capital in Iraq). U.S. support for these operations played a decisive role in achieving that victory, contributing to ISISs territorial defeat.

Since 2017, the United States has retained a limited military presence in Iraq, mostly to train, advise, and support local forces which continue to perform counterterrorism operations. While ISIS no longer holds territory, it repeatedly has demonstrated an ability to resurge, temporarily taking control of towns and villages, or carrying out successful attacks against the ISF. For the most part, Iraqi authorities continue to see the need for and support a limited, continued U.S. military presence. But some local actors, particularly Shiite militia groups (SMGs) supported by Iran, have long objected to any U.S. military presence in Iraq. As the ISIS threat recedes, these domestic groups increasingly have called for the United States to leave, or be expelled from, Iraq.

In part responding to the growing Iraqi calls for withdrawal, the U.S. formally ended its latest combat mission in Iraq in December 2021. The decision to withdraw U.S. combat troops from Iraq was announced by President Joe Biden in July 2021 following a series of strategic dialogues between the U.S. administration and the Iraqi government, headed by Prime Minister Mustafa al-Kadhimi. But while coalition combat missions may be over, 2,500 U.S. troops remain in the country, providing training, advice, and support to the ISF for counter-ISIS operations. That residual force continues to operate at the invitation of the Iraqi government (which remains supportive of a continued presence both to help prevent an ISIS resurgence, and to retain U.S. political and economic benefits).

On multiple occasions in the past year, U.S. Central Command (CENTCOM) has indicated that there are no plans to withdraw these non-combat soldiers anytime soon. In March 2022, then-CENTCOM commander Gen. Frank McKenzie noted that: [a]s we look into the future, any force level adjustment in Iraq is going to be made as a result of consultations with the government of Iraqwe just finished a strategic dialogue a few months ago we believe that will continue. But the U.S. goal remains to develop ISF capabilities and, ultimately, to leave. According to Gen. McKenzie, [r]ight nowIraqis [are] doing the fighting. Were still helping them. Over time youd like for them to take a larger share of all the enabling that were doing now.

While the United States has largely succeeded in securing ISISs territorial defeat, the group has enjoyed a sustained resurgence in 2019 and early 2020. ISF efforts (closely supported by CJTF) arrested that resurgence in late 2020 and 2021, but incidents like the Jan. 20, 2022, ISIS prison break at Ghweran, Syria, and the Jan. 21, 2022, massacre of 11 Iraqi Army soldiers in Diyala, Iraq should serve as a warning against complacency. Meanwhile, many government and NGO observers express concerns that local conditions could increase the risk of the return of ISIS, or a successor organization. Syrias al-Hol refugee camp, in particular, is filled with families of ISIS members living in miserable conditions who are ripe for terrorist recruitment. While local Iraqi forces now perform almost all stabilization and counterterrorism activities against ISIS in Iraq, U.S. intelligence, logistics, training, and equipping continue to play a crucial role in enabling local forces and preventing ISIS from regrouping.

Even as the threat from ISIS has receded, Iranian-backed SMG attacks on U.S. forces have continued at a steady pace. From 2019 onwards, certain Shiite militias have engaged in a sustained campaign of attacks on U.S. positions in Iraq (and in Syria). This campaign followed President Donald Trumps May 2018 withdrawal from the Iran nuclear deal and was exacerbated by his Jan. 2020 decision to assassinate Iranian Islamic Revolutionary Guard Corp (IRGC) Qods Force Commander, Maj. Gen. Qasem Soleimani, along with Abu Mahdi al-Muhandis, a senior SMG leader and the operational commander of Iraqs Popular Mobilization Forces (PMF), a part of Iraqs state armed forces. These SMGs are often affiliates of U.S. designated terrorist organizations such as Kataib Hezbollah, Asaib Ahl al-Haq, and Harakat al-Nujaba, but are also in many cases members of the PMF, formally part of the Iraqi military and within its chain of command (though in practice independent from it and uncontrolled) presenting challenges for both Iraqi law enforcement and coalition forces seeking to prevent attacks and control illegal activity. Milita attacks have involved hundreds of rocket and suicide drone strikes against U.S. and coalition personnel, killing at least five U.S. citizens (in addition to one British citizen). In response, the United States has launched a series of strikes against SMGs in both Iraq and Syria, raising the troubling possibility that the United States will slide into a new, unauthorized conflict.

Against this backdrop, questions as to the legality of continuing U.S. operations in Iraq are particularly salient. While operations against ISIS in Iraq retain a strong legal basis in both international and Iraqi domestic law, these bases do not extend to a conflict between the United States, Iran, and its proxies. And, despite the war on ISISs strong international legal footing in Iraq, U.S. domestic law justifications are weak at best, relying on stretched interpretations of the 2001 and 2002 Authorizations for Use of Military Force (AUMFs) and of the presidents authority under Art. II of the Constitution.

International Law. Compared with the 2003 invasion, U.S. operations in Iraq against ISIS have a strong basis in international law. From the outset of the counter-ISIS campaign in the summer of 2014, Iraqi government consent has been the legal cornerstone of U.S. and coalition operations in Iraq. U.N. Security Council backing, under UNSC resolutions like UNSCR 2249 of 2015, which called on states to take all necessary measures to prevent and suppress terrorist acts committed by ISIS, put CJTF-OIR on even stronger footing.

Consent is not always so straightforward as in the present case. Thus, it is worth briefly reviewing what makes a lawful claim of consent to use force within another states territory before exploring U.S. military action in Iraq. To permit another states intervention, the receiving state must give valid consent (meaning, inter alia, that the consent must be freely given and actually expressed) and the official or organ granting consent must have legitimate authority to do so (some debate exists as to what constitutes a legitimate authority, particularly in the context of weak governments and territory-controlling but unrecognized governments). Consent may also be limited, in terms of the objectives, means, or location. A state using armed force on the basis of anothers consent must operate within constraints imposed by the host state; failure to do so is a violation of international law. And similarly, should a host state withdraw its consent the operating state must withdraw its forces, or commit a jus ad bellum violation.

In Sept. 2014, when the United States launched its full-scale counter-ISIS campaign, U.S. land and air operations on Iraqi soil were being conducted at the invitation of the Iraqi government. Iraqi and U.S. government officials, scrambling to halt ISISs encroachment on Baghdad, had worked for months to lay the formal groundwork for this consent in closed door negotiations and in public statements. On June 25, 2014, Hoshyar Zebari (then-Minister for Foreign Affairs of the Republic of Iraq) transmitted a letter to the U.N. Secretary General and UNSC, noting that:

[w]e have previously requested the assistance of the international community. While we are grateful for what has been done to date, it has not been enough. We therefore call on the United Nations and the international community to recognize the serious threat our country and the international order are facing we need your support in order to defeat ISIL and protect our territory and people. In particular, we call on Member States to assist us by providing military training, advanced technology and the weapons required to respond to the situation, with a view to denying terrorists staging areas and safe havens.

Then, on Sept. 20, 2014, Ibrahim al-Ushayqir al-Jafari (the new Iraqi foreign minister, Hoshyar and other Kurds having withdrawn from the Iraqi government in protest of Nouri al-Malikis rule) transmitted another letter to the United Nations. This time, Iraq noted its gratitude for the military assistance it is receiving, including the assistance provided by the United States of America in response to Iraqs specific requests. The letter went on:

Iraq and the United States have entered into a Strategic Framework Agreement, and that Agreement will help to make such assistance more effective and enable us to make great advances in our war against ISIL. Although Iraq is in great need of the assistance of its friends in combatting this evil terrorism, it nonetheless attaches great importance to preserving its sovereignty and its ability to take decisions independently, both of which must be honoured in all circumstances.

The letter then confirmed that Iraq, in accordance with international law and the relevant bilateral and multilateral agreements, and with due regard for complete national sovereignty and the [Iraqi] Constitution, [had] requested the United States of America to lead international efforts to strike ISIL sites and military strongholds, with [Iraqs] express consent.

These letters, along with other statements and agreements, are unambiguous (and undisputed) expressions of Iraqi consent for the United States to use force on the territory of Iraq against ISIS. In short, U.S. operations in Iraq are lawful as a matter of jus ad bellum since Iraqs sovereign authority (the government of Iraq acting through the Council of Ministers), relying on powers permitted to it under Iraqi law, invited the United States to operate on Iraqi soil.

Iraqi consent, however, has subsequently been tested. The Jan. 3, 2020 killing of Soleimani andal-Muhandis in a U.S. drone strike at the perimeter of Baghdad airport most likely violated the written terms of Iraqs consent. Not only were none of the targets affiliated with ISIS, but several of the dead (al-Muhandis included) were as a matter of Iraqi law members of the Iraqi armed forces by virtue of their positions in the PMF (incorporated by law into the ISF in 2016). The strike, authorized by President Trump in response to an escalating series of attacks on U.S. interests in Iraq, including on the U.S. Embassy, was immediately condemned across the Iraqi political spectrum (and internationally).

On Jan. 5, 2020, two days after the strike, members of Iraqs parliament passed a non-binding resolution calling on the government to end all foreign troop presencein Iraq. The vote was boycotted by many Sunni and Kurdish representatives, and ultimately only 168 out of 329 representatives (3 more than quorum) attended the vote. Unlike the passage of a law, parliamentary resolutions are non-binding on the government (and the government at that time was Adil Abdul-Mahdis lame-duck caretaker government, constitutionally unable to take significant decisions). Additionally, while Iraqs constitution and laws provide parliament with the power to ratify treaties and international agreements, the law does not explicitly provide parliament with the power to cancel agreements. That power lies with the government (and to date the Iraqi government has neither canceled the Strategic Framework Agreement, nor withdrawn consent for U.S. forces to be present in Iraq). As a result the resolution though deeply symbolic had no immediate effect on U.S. forces.

While Iraqs consent was not withdrawn in early 2020, domestic Iraqi calls for U.S. withdrawal or expulsion (particularly from Shiite groups) became a core political rallying cry. Iranian-backed Shiite militia groups ramped up rocket and drone attacks on U.S. personnel, equipment, and positions in Iraq frequently justifying these attacks with demands for U.S. withdrawal (and often citing the non-binding parliamentary resolution as a sign that the United States had remained in Iraq as an illegal occupying force). In June 2020, the Trump and Kadhimi administrations held the first round of a new Iraqi and U.S strategic dialogue designed in part to address the future of the U.S. military presence in Iraq.

Subsequent rounds of the strategic dialogue included a meeting between President Trump and Prime Minister Kadhimi in August 2020, and meetings between the Biden and Kadhimi administrations in April and July 2021. In April 2021, the parties confirmed that the mission of U.S. and Coalition forces [had] now transitioned to one focused on training and advisory tasks, thereby allowing for the redeployment of any remaining combat forces from Iraq, with the timing to be established in upcoming technical talks. Then, following the July 2021 talks in Washington D.C., the two governments announced:

that the [U.S.-Iraqi] security relationship will fully transition to a training, advising, assisting, and intelligence-sharing role, and that there will be no U.S. forces with a combat role in Iraq by December 31, 2021. The United States intends to continue its support for the ISF, including the Peshmerga, to build their capacity to deal with future threats.

So long as consent from the Iraqi government continues, the U.S. justification for a continued military presence in Iraq remains on solid legal footing under both international law and Iraqi domestic law. But if the United States were to (again) exceed the bounds of Iraqs consent, not only would those actions likely be unlawful under international law, they could also provoke the Iraqi government to withdraw consent for any future U.S. operations in Iraq or to trigger termination of the Strategic Framework Agreement.

U.S. Domestic Law., In contrast to the international legal basis for U.S. military operations against ISIS in Iraq, reliance on the outdated 2001 and 2002 AUMFs as the domestic legal basis for these operations is a stretch (which is true for several of the conflicts examined in this Just Security series)

In his initial Aug. 2014 notifications to Congress of deployments and airstrikes in Iraq under the reporting requirements of the War Powers Resolution, Obama cited his powers as Commander in Chief and Chief Executive under Art. II of the U.S. Constitution as authority to undertake such action. But in his subsequent Sept.2014 notifications to Congress, the president cited the 2001 and 2002 AUMFs as domestic legal authority, claiming to have directed military operations in Iraq pursuant to [his] constitutional and statutory authority as Commander in Chief (including the authority to carry out Public Law 107-40 and Public Law 107-243). As Tess Bridgeman and Brianna Rosen explained in their article on Syria in this series, the use of the 2001 AUMF as a source of authority to target a group other than al-Qaeda, the Taliban, or a so-called associated force of those groups was a novel stretching of that authorization. The argument relies on a prior affiliation between ISISs predecessor organization and al-Qaeda from around 2004 a tenuous expansion of the authorization stretching well beyond Congresss original intent.

Meanwhile, reliance on the 2002 AUMF was also highly questionable. The 2002 AUMF was enacted to authorize the Iraq War in 2003. The text of the law permitted the president to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to (1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq (Section 3(a)). Given U.S. operations against ISIS in 2014 were being expressly conducted at the invitation of Iraq, and using collective self-defense of Iraq as a justification, the use of an authorization designed for use of force against Iraq and the continuing threat posed by Iraq is a stretch, at best. A broad interpretation of Section 3(a)(2) could justify use of the authorization to justify the use of force in enforcing U.N. Security Council resolutions such as UNSCR 2249, which specifically referenced Iraq in the context of the threat posed by the Islamic State. But even this interpretation rests on shaky grounds when considering the preamble of the 2002 AUMF, which references a series of specific UNSCRs from the 1990s aimed at the threat posed by Saddam Husseins regime.

To the Obama administrations credit, it was clearly aware of the problematic nature of reliance on these AUMFs. In his Jan. 2015 State of the Union address, President Obama called on Congress to enact a new AUMF specifically targeting the Islamic State. In Feb. 2015, the president also delivered a draft AUMF to Congress that would have authorized the continued use of military force to degrade and defeat ISIS, without permitting long-term, large-scale ground combat operations. The draft AUMF was never adopted by Congress, and to date (despite ongoing efforts to repeal or replace them) the 2001 and 2002 AUMFs remain in force. They remain the principal legal basis under U.S. domestic law for continued military action in Iraq.

International Law. Up to this point, this article has considered the legal basis for U.S. operations in Iraq against ISIS. But since at least 2017 and particularly from 2019 onwards the United States has become increasingly drawn into a series of tit-for-tat strikes with local SMGs and other Iranian proxies. U.S. forces and supporting elements have been subject to hundreds of short-range rockets, dozens of suicide drones, and frequent roadside bombings. Since late 2019, five U.S. citizens, including three U.S. soldiers (along with one British soldier) have been killed in Shia militia group attacks on U.S. bases in Iraq.

When the United States has responded to these attacks, airstrikes have generally followed either a particularly heavy series of militia attacks, or an attack which caused U.S. casualties. To date, the White House has acknowledged airstrikes on Iran-backed Shia militia groups on Iraqi soil on four occasions; once under President Biden (June 27, 2021), in addition to three occasions in December 29, 2019, January 3, 2020, and March 13, 2020 under President Trump. Other than the January strike (which targeted Qasem Soleimani and his entourage), each occasion involved airstrikes on multiple militia facilities.

Unlike U.S. operations in Iraq against ISIS, U.S. operations against Iranian proxies are legally murky. First, it is not at all apparent whether Iraqi consent extends to these strikes. Indeed, Iraq has publicly condemned U.S. attacks on SMGs on its soil. After the drone strike that killed Soleimani and Muhandis in Jan. 2020, then-Prime Minister Abdul-Mahdi called the killings an act of aggression on Iraq and breach of its sovereignty and noted that they violated the conditions of U.S. military presence in Iraq. After the airstrikes in June 2021 on Kataib Hezbollah and Kataib Sayyed al-Shuhada, the Iraqi government called the U.S. attacks blatant and unacceptable violation of Iraqi sovereignty and national security. Meanwhile, strikes on many SMGs despite their fierce loyalty to, and support from Iran are arguably armed attacks on the Iraqi state itself, since (as noted above) most SMGs are also part of the Iraqi security forces through the PMF. SMGs and their supporters use this status as a propaganda tool, condemning all U.S. strikes on their forces as attacks on Iraqi sovereignty, and demanding government action (and further militia retaliation) against the United States as an alleged illegal occupying force.

While the terms of U.S.-Iraqi cooperation permit the United States to defend itself from attacks, Iraqi public statements suggest that the Government of Iraq rejects U.S. justifications of at least some of these strikes as necessary for purposes of self-defense. It should be noted that many in the current Iraqi administration are genuinely sympathetic behind closed doors to the predicament this places U.S. forces in but are compelled to condemn the strikes publicly for fear of militia retaliation and it is impossible to rule out Iraqi consent given behind closed doors.

Nevertheless, the United States has publicly justified its strikes on these militias as necessary and proportionate action consistent with international law in the exercise of the United States inherent right of self-defense as reflected in Article 51 of the United Nations Charter. Questions remain, however, as to whether U.S. airstrikes after militia attacks fall within the scope of the inherent right to self-defense in the absence of an imminent or ongoing attack. Successive U.S. administrations have put forward increasingly expansive interpretations of what constitutes an imminent attack, which has effectively elongated the temporal aspect of imminence, and (under U.S. interpretations) permits the use of force in self-defense based on a pattern of violence (rather than a temporally imminent attack). But these strikes against SMGs in Iraq (and Syria) seem to go a step further, with public U.S. statements focused more on past attacks than future planning.

The Trump administrations justification for the killing of Soleimani and Muhandis noted that the strike was in response to an escalating series of attacks. The Biden administrations language is more cautious, but still alludes to airstrikes occuring in response to militia rockets, claiming for example that [g]iven the ongoing series of attacks by Iranian-backed groups targeting U.S. interests in Iraq, the President directed further military action to disrupt and deter such attacks. Given U.S. airstrikes against the militias have not always occurred in the immediate aftermath of a significant rocket or drone attack on U.S. forces (generally, they occur days after those attacks where the U.S. suffered casualties), some observers have noted that the strikes appear to be carried out as reprisals. As Mary Ellen OConnell has observed, while international law does permit the use of force in self-defense, there is no right of reprisal. And Adil Ahmad Haque has pointed out that even a proportionate military response to a previous armed attack, that is clearly over, is not proportionate self-defense but an armed reprisal.

U.S. Domestic Law. If the international legal basis for strikes on SMGs is thinner than that of counter-ISIS operations, the U.S. domestic law is particularly tenuous. The Trump administration based its strike on Soleimani and Muhandis on the presidents Art. II powers and the 2002 AUMF. With respect to the latter, the Trump administration argued that U.S. uses of force [under the 2002 AUMF] need not address threats from the Iraqi government apparatus only, but may address threats to the United States posed by militias, terrorist groups, or other armed groups in Iraq. This argument has been roundly criticized. Previous U.S. administrations explicitly rejected the idea that the 2002 AUMF applied to Iran (as it was designed for defend[ing] the national security of the United States against the continuing threat posed by [Saddam Husseins] Iraq [emphasis added]). To be clear, the Government of Iraq today is a strategic U.S. security partner and not an aggressor seeking harm to the United States.

To its credit, the Biden administration did not claim the 2002 AUMF provided authority for its strikes on the SMGs. Instead, Bidens strikes have been justified on the basis of the presidents authority under Art. II of the Constitution. But the preemptive nature of U.S. attacks along with the cyclical pattern of hostilities in both Iraq and just over the border in Syria raises the possibility that this conflict may reach a threshold of war in the constitutional sense that is, where prior congressional authorization is required based on Congress explicit Art. I authority to decide when the nation goes to war. The Biden administration has reported strikes against SMGs as discrete actions, ostensibly each triggering its own 60-day termination clock under the War Powers Resolution. In general, Art. II authority has been interpreted to allowshort, limited uses of force but sustained engagements require congressional authorization. Over the last few months, SMG operations against the United States have decreased (probably due to a combination of Iraqi domestic political maneuvering, Iranian restraint, and Ramadan). If the attacks resume in the near future (which many analysts believe is likely) then it is possible future U.S. military operations against Iranian-backed groups in Iraq would cross the threshold for requiring congressional authorization in the form of a new AUMF.

What Next?

There are both benefits and risks to maintaining a U.S. military presence in Iraq. While ISIS has been defeated territorially, the group could resurge with little warning. Absent continued U.S. support, local ISF forces may not be able to deal effectively with a potential ISIS resurgence. At the same time, the continued U.S. military presence in Iraq risks escalation with Iran, particularly in light of the repeated tit-for-tat attacks between U.S. forces and Iranian-backed SMGs, which the government of Iraq has itself been unable to fully control.

Overall, there are strong policy imperatives for maintaining a limited U.S. military presence in Iraq to ensure Iraqi stability and counter Iranian influence. While few acknowledge it publicly, given domestic political sensitivities, many Iraqi government officials support the continued U.S. presence in Iraq as a counterweight to Iranian and SMG influence. Iraqis categorically do not want to be a U.S. vassal or return to the days of the U.S. occupation but nor do most Iraqis want to be dominated by their neighbor. This fear of Iranian clienthood is strong among Sunnis and Kurds, but also increasingly among Shiites, many of whom supported protests against Iranian-backed militias and politicians in recent years. SMGs are reviled by many Iraqis for their corruption, their killing of protestors, journalists (and even investigating government officials), and the impunity under which they act. Iraqi government efforts to investigate and control these groups are hampered by SMG military strength and their entrenched position in Iraqi public life. U.S. support for Iraqi intelligence, law enforcement, and the judiciary is crucial in preventing SMGs from consolidating their power in Iraq. In short, U.S. interests in a stable Middle East are not served by allowing Iran and its proxies to consolidate control in Iraq, which could allow SMGs to become expeditionary like Lebanese Hezbollah, or could spark further regional tensions in the Gulf. Iraqs future as an imperfect but functioning democracy subject to the rule of law is also unlikely to be served by allowing greater Iranian and SMG control.

The fact remains, however, that countering Iran and the SMGs is not the stated or legally authorized purpose for the U.S. deployment in Iraq. The United States must not allow itself to slide into any new ill-defined conflict with Iran (or with the SMGs) based on art. II authorities, outdated AUMFs, and stretched interpretations of the right to self-defense. To the extent it can do so by non-military, diplomatic means (and with the consent of the Iraqi government), the United States should continue to support Iraqi law enforcement efforts to counter illegal activities (including the targeting of U.S. personnel and equipment), while strengthening the Iraqi judiciary to ensure arrested militiamen are ultimately convicted. Meanwhile, so long as the counter-ISIS mission remains legally sound and consented to by Iraqis, the United States also should not allow Iranian and SMG attacks to force it to abandon its partners in Iraq.

To the extent that the United States resorts to force in Iraq going forward, whether against ISIS or against other actors, an urgent conversation must be had over domestic U.S. authorization for that force. To resolve this problem while supporting U.S. security interests, its allies, and its respect for the rule of law, the U.S. administration and Congress should rescind the outdated 2001 and 2002 AUMFs and carefully consider whether a new authorization designed to meet todays security challenges in Iraq is necessary.

2001 AUMF, 2002 AUMF, Article II, Counterterrorism, Drones, Iran, Iraq, ISIS, Syria, Use of Force, War on Terror

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Still at War: The United States in Iraq - Just Security