Defense

May 17, 2013

2001 authorization still legal basis for war, leaders say

Karen Parrish
American Forces Press Service

The 2001 Authorization for the Use of Military Force remains viable more than a decade after its passing, a panel of defense leaders told Congress May 16.

The authorization empowers the president ìto use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

Michael A. Sheehan, assistant secretary of defense for special operations and low-intensity conflict, and Robert S. Taylor, acting general counsel for the Defense Department, testified before the Senate Armed Services Committee on the law of armed conflict, the use of military force and the 2001 Authorization for the Use of Military Force.

Other witnesses were Army Brig. Gen. Richard Gross, legal counsel to the chairman of the Joint Chiefs of Staff, and Army Maj. Gen. Michael K. Nagata, who serves in the Joint Staffís deputy directorate for special operations, or J-37.

Taylor outlined the legal framework for warfare, which he said rests on the principles of humanity and avoidance of suffering; distinction, which limits allowable targets to military objectives; military necessity, which calls for all legal means of force to be used in accomplishing a valid military objective; and proportionality, which requires that the anticipated collateral damage of an attack not exceed the anticipated military advantage.

Sheehan said the 2001 authorization, commonly known as the AUMF, governs the current armed conflict between the United States and al-Qaida, the Taliban and associated groups. He described the process by which the Pentagon develops targeting recommendations in that conflict for the presidentís approval.

Sheehan noted the departmentís recommendations result from a ìcareful, fact-intensive assessment to determine, first, whether individuals or groups pose a threat to the United States and, second, whether they are ìappropriately targetable. Appropriately targetable groups are not just in sympathy with, but actually co-belligerents with al Qaeda or the Taliban, Sheehan said.

Sheehan told the committee the department determines which groups or individuals can be identified as associated with al Qaeda. He agreed to provide the committee a list of such groups, and keep them informed of any changes to it.

He added that for operations outside Afghanistan, the targeting review ìcontinues up the chain of command, through the four-star combatant commander, and all the way to the secretary of defense.

Before the secretary makes a decision, the chairman of the Joint Chiefs of Staff and the departmentís general counsel review the recommendation, Sheehan said, and senior officials in other departments and agencies provide input on requested use of military force against al Qaeda, the Taliban, or an associated force outside of Afghanistan.

ìMilitary orders implementing a final decision are then transmitted down through the military chain of command to the relevant forces that carry out such operations,î he added. ìThis process includes rigorous safeguards to protect innocent civilians.

All four panelists noted they have not seen an instance where existing authorities, including the AUMF, prohibited the use of force.

Nagata explained that he monitors the implementation of the counterterrorism missions, orders and directions the defense secretary issues to combatant commanders.

ìI’ve not yet encountered a situation where there was insufficient legal authority for the combatant commander to execute the mission or the direction he’s been given,î the general noted.

Gross agreed. As staff judge advocate at U.S. Central Command and during his service as the chairmanís legal counsel, he said, I haven’t seen a situation where there wasn’t some legal authority to be able to go after members of al-Qaida or associated forces.

Sheehan noted that if a terrorist organization outside of al-Qaida, the Taliban and associate forces began to threaten the United States, ìThen we might have to look at different authorities or extended authority or adjustment of authority to go after that organization.

Sheehan and Taylor both also agreed that when hostilities with al-Qaida end, the AUMF will no longer be in force.

Sheehan said the end of the conflict will not be soon, however.

ìI believe it’s at least years in advance, based on my understanding of the organization, of resiliency of al-Qaida and its affiliate forces,î he said. ìIt’s many years in advance.î




All of this week's top headlines to your email every Friday.


 
 

 

Headlines October 20, 2014

News: Navy grounds ‘Top Guns’ - The F/A-18s needs spare parts and in too many cases they’re being taken from brand new jets. This is a risk to national security and pilots’ lives.   Business: Boeing seeks revised schedule for U.S. aerial tanker - Boeing is revising its master schedule for developing the new U.S. Air Force...
 
 

News Briefs October 20, 2014

New military medical team to help with Ebola in U.S. Defense Secretary Chuck Hagel has ordered the military to prepare and train a 30-member medical support team that could provide short-term help to civilian health professionals if there are more Ebola cases in the United States. His spokesman, Rear Adm. John Kirby, says the team...
 
 

Dragon ‘fires up’ for flight

The Air Force and NATO are undergoing a cooperative development effort to upgrade the avionics and cockpit displays of AWACS aircraft belonging to the 552nd Air Control Wing at Tinker Air Force Base, Okla., and the NATO E-3 Sentrys from Geilenkirchen, Germany. The Diminishing Manufacturing Sources Replacement of Avionics for Global Operations and Navigation, otherwise...
 

 
Boeing photographs

Boeing-built X-37B successfully completes third flight

Unmanned spacecraft concludes record-setting 674-day mission   Boeing photograph A third mission of the Boeing-built X-37B Orbital Test Vehicle was completed on Oct. 17, 2014, when it landed and was recovered at Vandenberg...
 
 

Boeing concludes commercial crew space act agreement for CST-100/Atlas V

Boeing has successfully completed the final milestone of its Commercial Crew Integrated Capability Space Act Agreement with NASA. The work and testing completed under the agreement resulted in significant maturation of Boeing’s crew transportation system, including the CST-100 spacecraft and Atlas V rocket. NASA in July approved the Critical Design Review Board milestone for Boeing’...
 
 

AF to release small business research solicitations

The Air Force Small Business Innovation Research and Small Business Technology Transfer program office is set to release its fiscal year 2015 list of topics Oct. 22, on the SBIR/STTR website.  Small businesses and research institutions with expertise to address the topics’ technology challenges are encouraged to submit proposals. During 2014, the Defense Department SBIR...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>