Armed Conflict Executive Branch Foreign Relations & International Law

White House Submits 48-Hour War Powers Resolution Report Following Response to Jordan Attack

Matt Gluck
Monday, February 5, 2024, 3:52 PM
This latest letter cites the president’s constitutional authority in addition to the 2001 and 2002 AUMFs, continuing a recent reporting trend.

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On Feb. 4, President Joe Biden released a letter “consistent with the War Powers Resolution” notifying Congress of the U.S. strikes on Feb. 2 against Iran-backed militias in Iraq and Syria. The strikes followed the Jan. 28 attack on the U.S.’s Tower 22 outpost in northeast Jordan that killed three U.S. service members. In the letter, Biden wrote that these most recent strikes were conducted “[i]n response to the continuation of attacks against United States forces since my prior report” issued on Jan. 25—not just in response to the Jordan attack. 

According to the letter, the president “directed the strikes in order to protect and defend our personnel and assets who are in Syria, Iraq, and Jordan conducting military operations pursuant to the 2001 Authorization for Use of Military Force [AUMF]” and to “degrade and disrupt the ongoing series of attacks against the United States and our partners.” This War Powers Resolution letter is the eighth the Biden administration has submitted since the militias began to escalate their attacks on U.S. forces following Hamas’s attack in Israel on Oct. 7. 

Biden stated that the strikes were conducted “pursuant to” his Article II authority and “in accordance with” the 2001 and 2002 AUMFs—consistent with Biden’s last two War Powers Resolution letters on strikes against Iran-backed militias in Iraq and Syria. And as in each of the prior seven letters, President Biden asserted that the strikes were a “necessary and proportionate action consistent with international law” and an exercise of the U.S.’s right to self-defense under Article 51 of the UN Charter. 

You can read the report here or below. And you can read the rest of the reports following the strikes against Iran-backed militias in Iraq and Syria here (Jan. 25), here (Jan. 5), here (Dec. 27), here (Nov. 22), here (Nov. 14), here (Nov. 10), here (Oct. 27) or below.

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Letter, Feb. 4, 2024

Dear Mr. Speaker:   (Dear Madam President:)

As I have reported previously, militia groups affiliated with Iran’s Islamic Revolutionary Guard Corps (IRGC) have perpetrated a series of attacks against United States personnel and facilities in Iraq and Syria and have placed under grave threat the lives of United States personnel and Coalition forces operating alongside United States forces.  These attacks have continued since my prior report and have now expanded to a third country.  A recent attack by Iran-affiliated militia groups killed three service members and injured multiple United States personnel located at the “Tower 22” base housing United States forces in northeastern Jordan.

Previously, in response to these attacks and the threat of future attacks, at my direction, United States forces have conducted targeted strikes against facilities in Iraq and Syria used by the IRGC and affiliated militia groups.  In response to the continuation of attacks against United States forces since my prior report, at my direction, United States forces have conducted discrete strikes against facilities in Syria and Iraq used by the IRGC and affiliated militia groups for headquarters and command and control, weapons storage, training, logistics support, and other purposes.  The strikes have been taken to deter the IRGC and affiliated militia groups from conducting or supporting further attacks on United States personnel and facilities and have been conducted in a manner designed to limit the risk of escalation and avoid civilian casualties.  I directed the strikes in order to protect and defend our personnel and assets who are in Syria, Iraq, and Jordan conducting military operations pursuant to the 2001 Authorization for Use of Military Force (Public Law 107-40).  The strikes are intended to degrade and disrupt the ongoing series of attacks against the United States and our partners.

I directed this military action consistent with my responsibility to protect United States citizens both at home and abroad and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority as Commander in Chief and Chief Executive and to conduct United States foreign relations and in accordance with the 2001 Authorization for Use of Military Force (Public Law 107-40) and the Authorization for Use of Military Force Against Iraq (Public Law 107-243).  The United States is taking necessary and proportionate action consistent with international law and in the exercise of the United States’ inherent right of self-defense as reflected in Article 51 of the United Nations Charter.  If necessary, I will direct additional measures, including against the IRGC and IRGC-affiliated personnel and facilities, as appropriate, to address the series of attacks against United States forces and facilities.

I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148).  I appreciate the support of the Congress in this action.

Sincerely,

JOSEPH R. BIDEN JR.

Letter, Jan. 25, 2024

Dear Mr. Speaker:   (Dear Madam President:)

As I have reported previously, militia groups affiliated with Iran’s Islamic Revolutionary Guard Corps (IRGC) have perpetrated a series of attacks against United States personnel and facilities in Iraq and Syria.  These attacks, including the recent attack on Al-Asad Air Base by Iran-affiliated militia groups, have caused injuries to United States personnel and Coalition forces operating alongside United States forces and have placed their lives under grave threat.

Previously, in response to these attacks and the threat of future attacks, at my direction, United States forces have conducted targeted strikes against facilities in Iraq and Syria used by the IRGC and IRGC-affiliated groups.

On the night of January 23, 2024, at my direction, United States forces conducted discrete strikes against facilities in Iraq used by IRGC-affiliated militia groups for training, logistics support, and other purposes.  The strikes were taken to degrade militias’ capabilities and deter future attacks and were conducted in a manner designed to limit the risk of escalation and avoid civilian casualties.  I directed the strikes in order to protect and defend our personnel and assets who are in Iraq conducting military operations pursuant to the 2001 Authorization for Use of Military Force (Public Law 107-40).  The strikes were intended to degrade and disrupt Iran and Iran‑affiliated militia groups from conducting or supporting further attacks on United States personnel and facilities.

I directed this military action consistent with my responsibility to protect United States citizens both at home and abroad and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority as Commander in Chief and Chief Executive and to conduct United States foreign relations and in accordance with the 2001 Authorization for Use of Military Force (Public Law 107-40) and the Authorization for Use of Military Force Against Iraq (Public Law 107-243).  The United States took this necessary and proportionate action consistent with international law and in the exercise of the United States’ inherent right of self-defense as reflected in Article 51 of the United Nations Charter.  The United States stands ready to take further action, as necessary and appropriate, to address further threats or attacks.

I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148).  I appreciate the support of the Congress in this action.

Sincerely, 

JOSEPH R. BIDEN JR.

Letter, Jan. 5, 2024

Dear Mr. Speaker:   (Dear Madam President:)

I am providing this report regarding recent military action as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148).

I directed this military action consistent with my responsibility to protect United States citizens both at home and abroad and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority as Commander in Chief and Chief Executive, and to conduct United States foreign relations and in accordance with the 2001 Authorization for Use of Military Force (Public Law 107-40) and the Authorization for Use of Military Force Against Iraq (Public Law 107-243).  The United States took this necessary and proportionate action consistent with international law and in the exercise of the United States’ inherent right of self-defense as reflected in Article 51 of the United Nations Charter.  The United States stands ready to take further action, as necessary and appropriate, to address further threats or attacks.

Additional information is available in the attached classified annex.  I appreciate the support of the Congress in this action.

Sincerely,

JOSEPH R. BIDEN JR.

 

Letter, Dec. 27, 2023

Dear Mr. Speaker:   (Dear Madam President:)

As I have reported previously, militia groups affiliated with Iran’s Islamic Revolutionary Guard Corps (IRGC) have perpetrated a series of attacks against United States personnel and facilities in Iraq and Syria.  These attacks, including the recent attack on the Erbil Air Base by Iran-affiliated Kataib Hezbollah and affiliated groups, have caused injuries to United States personnel and have placed under grave threat the lives of both United States personnel and Coalition forces operating alongside United States forces.

Previously, in response to these attacks and the threat of future attacks, at my direction, United States forces have conducted targeted strikes against facilities in Iraq and Syria used by IRGC and IRGC-affiliated groups.

On the night of December 25, 2023, at my direction, United States forces conducted discrete strikes against three facilities in Iraq used by Iran-affiliated groups for training, logistics support, and other purposes.  The strikes were taken to deter future attacks and were conducted in a manner designed to limit the risk of escalation and minimize civilian casualties.  I directed the strikes in order to protect and defend our personnel who are in Iraq conducting military operations pursuant to the 2001 Authorization for Use of Military Force.  The strikes were intended to degrade and disrupt the ongoing series of attacks against the United States and our partners, and to deter Iran and Iran-backed militia groups from conducting or supporting further attacks on United States personnel and facilities.

I directed this military action consistent with my responsibility to protect United States citizens both at home and abroad and in furtherance of United States national security and foreign policy interests, pursuant to my constitutional authority as Commander in Chief and Chief Executive and to conduct United States foreign relations.  The United States took this necessary and proportionate action consistent with international law and in the exercise of the United States’ inherent right of self-defense as reflected in Article 51 of the United Nations Charter.  The United States stands ready to take further action, as necessary and appropriate, to address further threats or attacks.

I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148).  I appreciate the support of the Congress in this action.

Sincerely,

JOSEPH R. BIDEN JR.


 

 

 

 

 

 


Matt Gluck is a research fellow at Lawfare. He holds a BA in government from Dartmouth College.

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