US Congress moves closer towards repealing Iraq war authorisations

Senate has advanced legislation to repeal two separate military authorisations that allowed for 2003 invasion of Iraq and 1991 defence of Kuwait

Tim Kaine, who introduced the legislation to repeal the Iraq war authorisation, speaks at a Senate hearing. EPA

The US Congress on Wednesday cleared another significant hurdle in repealing two key authorisations that allowed for the 2003 invasion of Iraq and the 1991 Gulf War to defend Kuwait against Saddam Hussein’s invasion.

Republicans Todd Young and Rand Paul sided with Democrats on the Senate Foreign Relations Committee over objections from numerous members of their own party to advance the repeal legislation introduced by Democrat Tim Kaine.

“The two authorisations supporting military action to counter the malignant activity of an Iraq governed by Saddam Hussein were rendered unnecessary more than a decade ago when he was toppled and executed and a new government of Iraq was constituted,” Mr Kaine said before the vote.

“Iraq is now a partner of the United States and both nations want that relationship to continue as was evidenced by the recent positive meeting between President [Joe] Biden and Prime Minister [Mustafa Al Kadhimi].”

The Foreign Relations Committee vote to advance the repeal legislation sets the stage for a full vote on the Senate floor later this year.

Repealing the authorisations would not require Mr Biden to withdraw the approximately 2,500 troops who remain stationed in Iraq as they are officially there under a separate 2001 military authorisation that Congress passed after the September 11 attacks.

However, a repeal would ensure that no president can use it as a legal basis for future military action in Iraq, as former presidents Donald Trump and Barack Obama both did to go after Iranian interests in the country.

The House of Representatives passed a repeal of the 2002 Iraq war authorisation — but not the 1991 Gulf War authorisation — by a 268-161 vote in June, with 49 Republicans joining Democrats on the measure.

The House vote came after the White House voiced support for the repeal, indicating that Mr Biden would sign the legislation.

Six Republican senators — conservatives and centrists alike — have co-sponsored Mr Kaine’s repeal legislation, suggesting it has a high chance of clearing the Senate’s 60-vote threshold and ultimately making its way to the White House for Mr Biden’s signature.

But numerous Republicans, including those in leadership, oppose repealing the 2002 Iraq war authorisation, arguing that it sends the wrong message to Iran.

“The purpose of this is to communicate our resolve in the region, and particularly as it affects Iran,” James Risch, the top Republican on the Foreign Relations Committee, said before the vote.

Mr Trump used the 2002 authorisation as part of his legal justification for killing Qassem Soleimani and Iraqi Popular Mobilisation Forces commander Abu Mahdi Al Muhandis in Baghdad last year.

However, the Biden administration maintains that the 2002 authorisation is irrelevant to its ability to launch future strikes on Iran-backed Iraqi militias as the US constitution gives the president the authority to launch defensive military action in response to attacks on American troops.

Mr Biden has already claimed these authorities twice this year to launch attacks on Iran-backed militias in Iraq and Syria.

Under US law, Congress must authorise military action abroad except in cases of imminent self-defence — though presidents from both parties have frequently launched strikes in countries such as Libya and Syria without congressional authorisation.

Several high-profile Democrats have criticised Mr Biden's strikes in Iraq and Syria as outside the bounds of the US constitution, while many Republicans have voiced support for them.