Document Type
Article
Publication Title
Harvard Law Review Forum
Abstract
The Obama Administration has faced severe criticism for its conclusion that U.S. involvement in the Libya military campaign does not constitute “hostilities” for purposes of the War Powers Resolution (WPR). Under the WPR, the U.S. military may not remain engaged in “hostilities” for more than sixty days without congressional authorization. The Libya operation appeared to cross that point on May 20, but Congress has not provided authorization. The Administration’s theory, which it has now robustly defended in congressional testimony, is that the operation complies with the WPR because the U.S. military’s involvement has remained below the “hostilities” level since early April, when NATO assumed leadership of the operation. But the theory faces real challenges, especially given recent reports that “American warplanes have struck at Libyan air defenses about 60 times, and remotely operated drones have fired missiles at Libyan forces about 30 times” since NATO took charge of the overall operation.
First Page
62
Volume
124
Publication Date
2011
Recommended Citation
Trevor W. Morrison,
Libya, “Hostilities,” the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation,
124
Harvard Law Review Forum
62
(2011).
Available at:
https://gretchen.law.nyu.edu/fac-articles/799
