Secretary of State Rex Tillerson and Secretary of Defense James Mattis testified before the Senate Committee on Foreign Relations on Monday with recommendations regarding the Authorization for Use of Military Force (AUMF).
Tillerson noted in his prepared remarks that the United States does not need any new authorization to continue campaigns against Islamic State of Iraq and Syria (ISIS), the Taliban, or al-Qaeda. But if Congress plans to re-write or provide new AUMF legislation, it should do a number of specific things.
“New AUMS authorities must be in place prior to or simultaneous with the repeal of old ones,” Tillerson said. “Failure to do so could cause operational paralysis and confusion in our military operations.”
Without such provisions, he said it would “raise questions about the domestic legal basis for the United States’ full range of military activities against the Taliban, al-Qaeda, and association forces, including against ISIS, as well as our detention operations at Guantanamo Bay.”
He also urged that any new legislation should not bey “time constrained” giving the enemy the opportunity to wait out the United States. “Legislation which would arbitrarily terminate the authorization to use force would be inconsistent with a conditions-based approach, and could unintentionally embolden our enemies with the goal of outlasting us,” Tillerson said.
The secretary also suggested that any new AUMF legislation should not contain geographic boundaries. “The collapse of ISIS’ so-called caliphate in Iraq and Syria means it will attempt to burrow into new countries and find safe havens,” Tillerson said.
Mattis agreed, and noted that if that does happen, the current AUMF should not be repealed.
“The uncertainty accompanying that situation could only signal to our enemies and our friends that we are backing away from this fight,” Mattis said. “It would stall our operations, immediately reduce allied commitments and support, and create significant opportunities for our enemies to seize the initiative.”
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