2021 1264 Report
- Contributed by
- Katherine Pompilio (The Lawfare Institute)
p. 1
UNCLASSIFIED ANNEX: REPORT ON THE LEGAL AND POLICY FRAMEWORKS FOR
THE UNITED STATES’ USE OF MILITARY FORCE AND RELATED NATIONAL
SECURITY OPERATIONS
This report is provided in accordance with Section 1264(a) of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. No. 115-91), as amended by
Section 1261 of the NDAA for FY 2020 (Pub. L. No. 116-92), codified at 50 U.S.C. § 1549(a).
It constitutes the calendar year 2021 annual report on changes to the legal and policy frameworks
from the preceding calendar year for the United States’ use of military force and related national
security operations. President Obama issued the “Report on the Legal and Policy Frameworks
Guiding the United States’ Use of Military Force and Related National Security Operations” on
December 5, 2016. Pursuant to Section 1264, as amended, former President Trump submitted
reports on March 12, 2018, and October 16, 2020, and President Biden submitted a report on
March 1, 2021. Consistent with Section 1264(c) of the NDAA for FY 2018, as amended (50
U.S.C. § 1549(c)), this report contains a classified annex.
On February 19, 2021, President Biden submitted a notification in accordance with
Section 1264(b) of the NDAA for FY 2018, as amended (50 U.S.C. § 1549(b)), describing a
change to the legal and policy frameworks for the United States’ use of military force and related
national security operations. The classified annex contains additional information about that
change.
Countries in Which the United States Used Military Force
In 2021, the United States used military force in the following countries: Afghanistan,
Iraq, Syria, and Somalia.
2001 Authorization for Use of Military Force (2001 AUMF)
Foreign Forces, Irregular Forces, Groups, or Individuals for Which a Determination Has
Been Made That Force Could Legally Be Used Under the Authorization for Use of Military
Force, Pub. L. No. 107-40, 115 Stat. 224 (2001): No change.
Criteria for Designating a Foreign Force, Irregular Force, Group, or Individual as
Lawfully Targetable, as a High-Value Target, and as Formally or Functionally a Member of a
Group Covered Under the 2001 AUMF: No change.
Application of Key Domestic and International Legal Principles to Key Theaters
Afghanistan: As directed by President Biden, U.S. forces withdrew from Afghanistan
completely by August 31, 2021. The withdrawal of U.S. forces from Afghanistan did not change
the legal and policy frameworks for the use of military force in Afghanistan. Although the
United States is prepared to use force against al-Qa’ida, ISIS, and other terrorist threats in
Afghanistan, if necessary, utilizing U.S. forces and assets based outside Afghanistan, the
United States has not done so since the withdrawal of U.S. forces. The United States continues
to monitor terrorist groups located in Afghanistan.
THE UNITED STATES’ USE OF MILITARY FORCE AND RELATED NATIONAL
SECURITY OPERATIONS
This report is provided in accordance with Section 1264(a) of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. No. 115-91), as amended by
Section 1261 of the NDAA for FY 2020 (Pub. L. No. 116-92), codified at 50 U.S.C. § 1549(a).
It constitutes the calendar year 2021 annual report on changes to the legal and policy frameworks
from the preceding calendar year for the United States’ use of military force and related national
security operations. President Obama issued the “Report on the Legal and Policy Frameworks
Guiding the United States’ Use of Military Force and Related National Security Operations” on
December 5, 2016. Pursuant to Section 1264, as amended, former President Trump submitted
reports on March 12, 2018, and October 16, 2020, and President Biden submitted a report on
March 1, 2021. Consistent with Section 1264(c) of the NDAA for FY 2018, as amended (50
U.S.C. § 1549(c)), this report contains a classified annex.
On February 19, 2021, President Biden submitted a notification in accordance with
Section 1264(b) of the NDAA for FY 2018, as amended (50 U.S.C. § 1549(b)), describing a
change to the legal and policy frameworks for the United States’ use of military force and related
national security operations. The classified annex contains additional information about that
change.
Countries in Which the United States Used Military Force
In 2021, the United States used military force in the following countries: Afghanistan,
Iraq, Syria, and Somalia.
2001 Authorization for Use of Military Force (2001 AUMF)
Foreign Forces, Irregular Forces, Groups, or Individuals for Which a Determination Has
Been Made That Force Could Legally Be Used Under the Authorization for Use of Military
Force, Pub. L. No. 107-40, 115 Stat. 224 (2001): No change.
Criteria for Designating a Foreign Force, Irregular Force, Group, or Individual as
Lawfully Targetable, as a High-Value Target, and as Formally or Functionally a Member of a
Group Covered Under the 2001 AUMF: No change.
Application of Key Domestic and International Legal Principles to Key Theaters
Afghanistan: As directed by President Biden, U.S. forces withdrew from Afghanistan
completely by August 31, 2021. The withdrawal of U.S. forces from Afghanistan did not change
the legal and policy frameworks for the use of military force in Afghanistan. Although the
United States is prepared to use force against al-Qa’ida, ISIS, and other terrorist threats in
Afghanistan, if necessary, utilizing U.S. forces and assets based outside Afghanistan, the
United States has not done so since the withdrawal of U.S. forces. The United States continues
to monitor terrorist groups located in Afghanistan.