War Powers

House Armed Services Committee Chairman Buck McKeon (R-CA) is reminding President Obama that the U.S. military cannot indefinitely continue conducting operations in Libya without formal congressional authorization. In a letter sent today to Obama, McKeon writes:

As the United States military's involvement in Libya approaches 60 days without congressional authorization, I must reiterate concerns expressed at the outset of this operation regarding our strategic objectives, the length of America's commitment, the funding mechanism for this operation, and the potential effect of this operation on other more vital interests.

There continues to be an apparent disconnect between our stated political objectives and the military mission. Although United Nations Security Council Resolution 1973 authorized member states "to take all necessary measures" to "protect civilians and civilian populated areas under threat of attack" in Libya, you have stated clearly that Gaddafi must be removed from power. Although this may be necessary and strategically desirable, it is not clear that the means chosen to achieve this outcome are adequate. History has demonstrated that an entrenched enemy like the Libyan regime can be resilient to air power. Moreover, by targeting command and control sites not directly threatening civilian populated areas, NATO operations may have prompted Gaddafi to use civilian shields as a countermeasure to our air superiority. This may put NATO and U.S. pilots in the paradoxical position of firing on civilians in order to save civilians. Consequently, I believe the Administration should present a fuller explanation to Congress of the connection between strategic ends and operational means.

This disparity between means and ends suggests the conflict is heading toward a protracted stalemate, as neither Gaddafi nor the opposition appears capable of gaining the upper hand in the near term. Moreover, the recent indictment of Gaddafi and senior Libyan regime officials for "crimes against humanity" - although likely justified from a legal standpoint - removes any incentive those individuals would have had to abdicate power short of a complete military defeat, an outcome that appears far from imminent. Thus, the Administration should explain how long the United States intends to pursue the current strategy, and whether the intention is to engage in a prolonged conflict over Libya similar to Operations Northern Watch and Southern Watch over Iraq.

Furthermore, greater clarity needs to be provided to Congress regarding the role of U.S. forces within NATO operations. Although Administration officials have provided Congress with some data regarding the percentage of sorties flown by U.S. pilots in Operation Unified Protector, the specific nature of our role in NATO operations remains unclear. Do U.S. forces continue to be engaging in hostilities, or are they merely playing a supporting role? Congress must receive additional information regarding the extent to which U.S. assets -- whether manned or unmanned -- deliver munitions on Libyan targets in order to exercise appropriate oversight of these operations.