A day after John Boehner, Speaker of the US House of Representatives, wrote a letter a Barrack Obama saying that he would soon be violating the War Power Resolution of 1973 if he did not obtain Congressional approval for the activities in Libya, the White house argued that the U.S. President does not require authorization by the Congress as it is providing supporting role to the NATO-led mission.

A senior administrative official commented that the US were not engaged in any of the activities that typically over the years in war powers analysis is considered to constitute hostilities within the meaning of the statute.

He further explained that there were on troops on the ground. None of the factors has risked the sort of escalation that Congress was concerned would impunge on its war-making power. Also, the US has fundamentally shifted from being in the lead end of offensive operations and has now pulled back into a support role of its allies and partners.

The official also opined that the particular capability was a unique capability that the President has made available to NATO and it’s the unmanned aerial vehicles that are able to on occasion strike targets, which is a limited contribution. The responsibility for the enforcement of no-fly zone and civilian protection has shifted.

According to the War Power Resolution of 1973 the President has to notify Congress within 48 hours of committing armed forces to military action. It prohibits the forces from remaining for more than 60 days with a further          30 day withdrawal period, without an autorisation of the use of military force or a declaration of war.

MISSION IN LIBYA LEGAL, SAYS WHITE HOUSE

Report by Sumit