Kylie Alexandra · April 2014
82 GEO. WASH. L. REV. 456 (2014)
In the aftermath of 9/11, Congress adopted the Authorization for Use of Military Force (“AUMF”) on September 14, 2001, permitting the President to use force against both al Qaeda for committing the attack and the Taliban for
harboring them. Beyond those two organizations, however, significant debate has arisen concerning the scope of the AUMF—and whether it includes terrorist organizations such as al Qaeda in the Arabian Peninsula, whom the United States is fighting in Yemen, not Afghanistan. The 2012 National Defense Authorization Act failed to clarify the scope of authority provided by the AUMF and merely codified existing uncertainties in the law. Nonetheless, global terrorism will continue to demand military action as new threats emerge in far-
flung regions of the world—threats that cannot be traced to those directly responsible for 9/11. Congress must therefore pass a new statutory authorization that clearly identifies the appropriate target(s) in the ongoing armed conflict against terrorist organizations. Congressional action will prevent executive overreach and ensure that the detention of terrorist combatants in the future remains legal.
