Bulletin From The Borderlands Special Report

Op Ed: It’s Time For The AUMF To Go - Austin Dufort

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It’s Time For The AUMF To Go: A Better Path for Use of Military Force Authorizations

September 11, 2001 was a dark day in American history. Its calamitous impacts immediately drove Congress to enact the 2001 Authorization for the Use of Military Force (AUMF). This law gave the president unprecedented, sweeping authority to respond to the attacks. It also directly resulted in 20-plus years of disastrous, global security overreach.

A better, more sustainable and accountable future starts first with an overhaul of the AUMF. The authorization should be replaced with a time-limited, re-scoped alternative that better addresses counterterrorism needs. A new authorization will enable the U.S. Government to redeploy invaluable resources towards other pressing threats, including truly existential Great Power Competition.

The 2001 AUMF gives the president overly broad, indefinite discretion on counterterrorism matters. It permits the use of force against those who “planned, authorized, committed, or aided the [attacks,] or harbored such organizations or persons.” Its subsequent interpretation and employment—the longest in American history—represent an abrogation of critical checks and balances. It has been cited as the source of authority for indefinitely detaining enemy combatants and for military operations in at least 22 countries. Its application in the war on terror has resulted in—or otherwise enabled—projected expenses of at least $8 trillion, over 900,000 worldwide deaths, and the displacement of 38 million refugees.

The problems inherent to the AUMF are self-evident. The solution is to amend or replace it.  Several critical benefits would follow:

First, an updated AUMF would require frequent reauthorization. Congress would reassert itself in these pivotal decisions. Such oversight would also prevent any authorization from outliving its usefulness or being otherwise cited to justify out-of-scope operations.

Second, an updated AUMF would narrow use of force conditions, as well as the scope of its geographic and temporal boundaries. A modified AUMF would entail more explicit delineation of the adversaries covered under its mandate. It would thus curb abuse and misapplication over time.

Third, an updated AUMF would ensure and renew support for current counterterrorism efforts. Critical ongoing operations against al-Qaeda and ISIS would continue unabated.

Some argue, however, that any replacement for the AUMF would be too inflexible and block timely responses. Not so. First, any future mandate would maintain appropriate support for operations against core adversaries like al-Qaeda and ISIS. The Executive and Legislative branches would duly consult on addressing novel threats. Indeterminate expenditures of blood and treasure demand thoughtful and consistent review by both branches.

Second, far from being static, an updated AUMF would liberate vast amounts of counterterrorism-related resources. These include personnel and potentially billions of dollars in annual funding and equipment. For instance, even a modest, 10 percent reduction to FY 2022’s counterterrorism budget would amount to around $4.2 billion. These funds could then be repurposed for other pressing security initiatives. This includes law enforcement and homeland security, military and intelligence modernization, and Great Power Competition with China and Russia. The result would be a safer, securer, and more competitive United States.

Ultimately, a better, more sustainable and accountable future starts with an overhaul of the 2001 AUMF. A time-limited, re-scoped alternative will both address core counterterrorism requirements and enable the U.S. Government to redeploy invaluable resources towards other pressing needs. We must and will respond to new threats, including truly existential Great Power Competition. Shedding this vestige of the past will ensure that we can protect and promote our security well into the foreseeable future.

Austin Dufort is a Master’s candidate in Security Policy Studies at George Washington University’s Elliot School of International Affairs. He focuses on military policy and emerging technology issues.