Changes

Prof. [[Alan J. Kuperman]] writing in the ''[[Boston Globe]]'' observed,

Prof. [[Alan J. Kuperman]] writing in the ''[[Boston Globe]]'' observed,

{{cquote|President Barack Obama grossly exaggerated the humanitarian threat to justify military action in Libya. The president claimed that intervention was necessary to prevent a “bloodbath’’ in Benghazi, Libya’s second-largest city and last rebel stronghold. But [[Human Rights Watch]] has released data on Misurata, the next-biggest city in Libya and scene of protracted fighting, revealing that Moammar Khadafy is not deliberately massacring civilians but rather narrowly targeting the armed rebels who fight against his government. Misurata’s population is roughly 400,000. In nearly two months of war, only 257 people — including combatants — have died there. Of the 949 wounded, only 22 — less than 3 percent — are women…. Nor did Khadafy ever threaten civilian massacre in Benghazi, as Obama alleged. The “no mercy’’ warning, of March 17, targeted rebels only, as reported by the ''[[New York Times]]'', which noted that Libya’s leader promised amnesty for those “who throw their weapons away.’’ Khadafy even offered the rebels an escape route and open border to Egypt, to avoid a fight “to the bitter end.’’<ref>Alan J. Kuperman, [http://articles.boston.com/2011-04-14/bostonglobe/29418371_1_rebel-stronghold-civilians-rebel-positions “False Pretense for War in Libya?”], [[Boston Globe]], April 14, 2011.</ref>}}

{{cquote|President Barack Obama grossly exaggerated the humanitarian threat to justify military action in Libya. The president claimed that intervention was necessary to prevent a “bloodbath’’ in Benghazi, Libya’s second-largest city and last rebel stronghold. But [[Human Rights Watch]] has released data on Misurata, the next-biggest city in Libya and scene of protracted fighting, revealing that Moammar Khadafy is not deliberately massacring civilians but rather narrowly targeting the armed rebels who fight against his government. Misurata’s population is roughly 400,000. In nearly two months of war, only 257 people — including combatants — have died there. Of the 949 wounded, only 22 — less than 3 percent — are women…. Nor did Khadafy ever threaten civilian massacre in Benghazi, as Obama alleged. The “no mercy’’ warning, of March 17, targeted rebels only, as reported by the ''[[New York Times]]'', which noted that Libya’s leader promised amnesty for those “who throw their weapons away.’’ Khadafy even offered the rebels an escape route and open border to Egypt, to avoid a fight “to the bitter end.’’<ref>{{cite news|url=http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2011/04/14/false_pretense_for_war_in_libya/|title=False Pretense for War in Libya?|date=April 14, 2011|first=Alan J|last=Kuperman|work=[[Boston Globe]]}}</ref>}}

The Congressional Research Service reports that the legality of President Obama's [[Libya#Libyan_uprising_2011|Libyan operation]] may depend, at a minimum, on both authorization for the operation and the extent to which the manner of execution of the operation comports with relevant international law. The Charter of the United Nations, in Article 2(4), prohibits the “threat or use of force against the territorial integrity or political independence” of a member state under most circumstances, and many practitioners and observers have wondered whether President Obama's establishment of a no-fly zone would constitute a violation of this prohibition.<ref>''[http://www.fas.org/sgp/crs/natsec/R41701.pdf No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress],'' Congressional Research Service, March 18, 2011, p. 6-8 pdf.</ref> In addition to international authorization, the [[War Powers Resolution]] of 1973 states that the President’s powers as Commander in Chief to introduce U.S. forces into hostilities or imminent hostilities can only be exercised pursuant to (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack on the United States or its forces. It requires the President in every possible instance to consult with Congress before introducing American Armed Forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific congressional authorization. The War Powers Act also requires the President to report to Congress any introduction of forces into hostilities or imminent hostilities, Section 4(a)(1); into foreign territory while equipped for combat, Section 4(a)(2); or in numbers which substantially enlarge U.S. forces equipped for combat already in a foreign nation, Section 4(a)(3). Once a report is submitted “or required to be submitted” under Section 4(a)(1), Congress must authorize the use of force within 60 to 90 days or the forces must be withdrawn.<ref>Ibid, p. 9 pdf.</ref>

The Congressional Research Service reports that the legality of President Obama's [[Libya#Libyan_uprising_2011|Libyan operation]] may depend, at a minimum, on both authorization for the operation and the extent to which the manner of execution of the operation comports with relevant international law. The Charter of the United Nations, in Article 2(4), prohibits the “threat or use of force against the territorial integrity or political independence” of a member state under most circumstances, and many practitioners and observers have wondered whether President Obama's establishment of a no-fly zone would constitute a violation of this prohibition.<ref>''[http://www.fas.org/sgp/crs/natsec/R41701.pdf No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress],'' Congressional Research Service, March 18, 2011, p. 6-8 pdf.</ref> In addition to international authorization, the [[War Powers Resolution]] of 1973 states that the President’s powers as Commander in Chief to introduce U.S. forces into hostilities or imminent hostilities can only be exercised pursuant to (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack on the United States or its forces. It requires the President in every possible instance to consult with Congress before introducing American Armed Forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific congressional authorization. The War Powers Act also requires the President to report to Congress any introduction of forces into hostilities or imminent hostilities, Section 4(a)(1); into foreign territory while equipped for combat, Section 4(a)(2); or in numbers which substantially enlarge U.S. forces equipped for combat already in a foreign nation, Section 4(a)(3). Once a report is submitted “or required to be submitted” under Section 4(a)(1), Congress must authorize the use of force within 60 to 90 days or the forces must be withdrawn.<ref>Ibid, p. 9 pdf.</ref>