Senate to vote on repeal of US Iraq War authorisations this week, says majority leader

Bill to repeal the 1991 and 2002 AUMFs cleared last procedural hurdle on Monday

Chuck Schumer praised the bipartisan nature of the repeal. Getty Images via AFP
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The US Senate will take a final vote on the repeal of Washington's 1991 and 2002 Iraq War authorisations as soon as Wednesday, Majority Leader Chuck Schumer said.

The repeal bill was brought to the Senate with strong bipartisan support just ahead of 20th anniversary of the US-led invasion of Iraq, which killed or injured hundreds of thousands of Iraqis while leaving about 4,500 US troops dead and tens of thousands more suffering physical and mental wounds.

If passed in the Senate as expected, the bill would need to go to the House of Representatives and then to President Joe Biden for final approval.

Lawmakers are trying to end the two open-ended Authorisations for Use of Military Force (AUMFs) — one from the First Gulf War and one passed in 2002 before the invasion.

The White House said the repeal of the 1991 and 2002 AUMFs would have no impact on Washington's current overseas military operations, as these are largely covered under a 2001 AUMF that was passed in the wake of the September 11 terrorist attacks.

Critics say the 2002 powers have been misused, as they provided the legal underpinning for US military operations beyond the scope of the original authorisation.

For instance, some criticised then-president Donald Trump's use of the 2002 Iraq AUMF for the 2020 killing of senior Iranian military commander Qassem Soleimani. Though he was in Iraq at the time, the AUMF does not authorise military action against Iran.

Under the US Constitution, the US Congress, and not the president, has the right to declare war.

Politicians have for years said Congress has lost some of its authority to both Republican and Democratic presidents over war-fighting decisions — and they want to claw back that power.

Mr Schumer praised the bipartisan nature of the repeal as an example for how a deeply polarised Congress should function.

"I hope this process can serve as a blueprint for how the Senate can work on into the future."

The top Democrat's comments follow the Senate clearing a final procedural hurdle toward passing the AUMF repeal on Monday, when senators voted 65-28 to end debate on the measure.

The bill's sponsors pledged that passing the repeal would “enhance the relationship the United States now has with a sovereign, democratic Iraq”.

Mr Biden has already signalled that he would sign the repeal into law.

"President Biden remains committed to working with the Congress to ensure that outdated authorisations for the use of military force are replaced with a narrow and specific framework more appropriate to protecting Americans from modern terrorist threats,” a statement from the White House Office of Management and Budget read.

House Speaker Kevin McCarthy has said he would support the 1991 and 2002 AUMF repeals, as long as the 2001 AUMF for the war on terrorism remained intact.

Updated: March 28, 2023, 4:51 PM