The Obama Presidency: A Preliminary Assessment

Chapter 19: Obama, Libya, and War Powers

297 Chapter 19 Obama, Libya, and War Powers Louis Fisher Three Wars In 2011, President Barack Obama found himself involved in three wars, two inherited and one of his own making. Upon taking office, he decided to escalate the war in Afghanistan by sending in 30,000 additional troops. It was his expectation that he could begin withdrawing U.S. troops by fall 2011, but how quickly they could be withdrawn was uncertain, nor was it clear that Afghanistan had the capacity to independently defend itself against the Taliban. Obama had withdrawn troops from Iraq to a level of 50,000, with the plan of having few troops left by the end of his term. The likelihood of achieving that objective was complicated by continued terrorist attacks within the country. It was possible that Iraq might request that U.S. troops remain in the country to provide political stability. President Obama achieved a military and political victory on May 1, 2011 by authorizing a military action in Pakistan that resulted in the death of Osama bin Laden, who was killed in a firefight in a compound in Abbottabad, Pakistan. The success of that operation did much to elevate Obama’s standing in the polls as a decisive and effective leader, although the momentary bump in popularity was not likely to have a staying power, or certainly not into the 2012 presidential election. The raid on the compound , without the knowledge or approval of Pakistan, did much to deteriorate relations between the two allies battling international 298 / The Obama Presidency terrorism. Many factors contributed to this decline, including the continued use of armed drones by the United States into Pakistan, resulting in the deaths not just of terrorists but innocent civilians (DeYoung and Witte 2011: 1). In March 2011, Obama opened a new war in Libya without seeking or obtaining authority from Congress. He sought legal and political support from two outside organizations, the UN Security Council (UNSC) and NATO allies. It was his expectation that the military operation would be limited and brief, taking a matter of days not weeks. Presidents frequently learn that they cannot anticipate or control the decision to use military force. What he announced on March 21, 2011 as a military engagement limited in its “nature, duration, and scope” turned out to be far more complicated, continuing month after month and departing from the initial objectives of the UNSC. From No-Fly Zone to Regime Change The decision to use military force against Libya began with Resolution 1973 passed by the UNSCon March 17, 2011. After expressing its earlier concern about the escalation of violence and heavy civilian casualties in Libya, the resolution established a ban on “all flights in the airspace of the Libyan Arab Jamahiriya in order to help protect civilians.” The ban applied not to “all” flights but only those by the Libyan government. Military flights by coalition forces would be needed to enforce the ban. Passage of Resolution 1973 came only after the Arab League had agreed to support a no-fly zone over Libya (DeYoung and Lynch 2011: A1, A6). Once military action began and the Arab League watched the intensity and destructive force of the bombings, it “voiced concern about civilian deaths” from collateral damage (Fina and Jaffe 2011: A1). On March 21, 2011, the president notified Congress that U.S. forces “at my direction” commenced military operations two days earlier against Libya “to assist an international effort authorized by the UN Security Council” (Obama 2011b). How can authority for a U.S. military action come from the UNSC rather than from Congress? Does the U.S. Constitution allow the transfer of congressional powers to outside bodies, including the UN and NATO? As explained below: No. The March statement by President Obama offered several details on the scope of military operations. Acting under Reso- Obama, Libya, and War Powers / 299 lution 1973, coalition partners began a series of strikes against Libya’s air defense systems and military airfields “for the purposes of preparing a no-fly zone.” The strikes “will be limited in their nature, duration, and scope.” U.S. military efforts were designed to be “discrete and focused” on American capabilities “to set the conditions for our European allies and Arab partners to carry out the measures authorized by the U.N. Security Council Resolution.” Although Libya announced an immediate cease-fire, government forces continued attacks on...