The Law: Military Operations in Libya: No War? No Hostilities?

Abstract

The Obama administration produced two remarkable legal opinions about the use of military force against Libya. A memo by the Office of Legal Counsel reasoned that the operations did not amount to “war.” Later, after military actions exceeded the 90‐day limit of the War Powers Resolution (WPR), President Obama was advised by White House Counsel Robert Bauer and State Department Legal Advisor Harold Koh that the operations did not even constitute “hostilities” within the meaning of the WPR. This article examines those interpretations and other legal arguments by the executive branch, including the claim that the military actions in Libya had been “authorized” by the UN Security Council and North Atlantic Treaty Organization allies.