Argument: The United States engaged in "hostilities" under War Powers

There are multiple arguments indicating why the U.S. might be engaged in hostilities under the War Powers Act, enough so that this single argument could make an entire two person case.

The U.S. has engaged in sustained hostilities in Libya which have resulted in regime change within the country. The President himself admits that causing regime change would be unjustifiable in his speech justifying the war by pledging that “broadening our military mission to include regime change would be a mistake.”2 However, regime change was the result of the mission and NATO and U.S. played a significant role in facilitating that change.

Secondly, the War Powers act covers the U.S. fighting in a supportive role in wars. "For purposes of this chapter, the term 'introduction of United States Armed Forces' includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.”3 Hence the U.S. is acting in violation of this condition.

Further, troops do not need to be on the ground to call the Libyan engagement hostilities. U.S. men and women have firstly died in the conflict, but secondly if troops were needed on the ground for a war, a U.S. president could potentially fire a thousand missiles at a country without the engagement being considered a war.

Further, even though the U.S. gave powers to NATO, it maintained a lead role in this coalition force. As such, the engagement should still be subject to U.S. laws and rules.

Finally, the sheer cost of the engagement to the U.S. taxpayer implies that it should be considered a war. The cost of the war has been more than $1 million per day.1

Greenwald, Glenn. “The illegal war in Libya.” Salon. 19/05/2011

BBC News, ‘Libya: Obama says US intervention will be limited’, 29 March 2011,

United States Congress, 50 USC CHAPTER 33 - WAR POWERS RESOLUTION, 7 January 2011,

Candidate 1: "The US has the authorization of NATO, the UN and has acted in concordance with the mandates that these organisations have put up.

The US does not harm the powers of the US constitution by helping the UN and NATO in this area because the US committed to these organisations with the knowledge that it might have to compromise sometimes in order to fulfil the responsibilities it has taken on within these organisations.

Libya is simply an example of one of these compromises and this does not harm the constitution any further than the US initially did by entering into these agreements and institutions. 1, 2

Editorial: “Obama’s illegal war” The Washington Times. 18/03/2011

Stone, Daniel. “Is the Libya War Legal” The Daily Beast. 22/03/2011"
Candidate 2: "Firstly, the Obama regime had plenty of time to get congressional approval. It would have been fairly easy for a bipartisan bill led by Senators John Kerry and John McCain to get through congress in time for the U.S. to successfully intervene in the area. The United States through a joint session of congress declared war on Japan within two days of the Japanese launching their attack on Pearl Harbor showing that declarations of war can be pushed through congress quickly when there is the need.1

Secondly, whilst some of congress, the leadership was consulted regarding the actions in Libya, all of congress was not. This harms the portrayal of congress as an important and representative body when more minor members are not consulted for very important decisions made by the state. As such, no discretion can be allowed in this area because to do so is to harm the institutions upon which the US is founded.2

‘Joint Address to Congress Leading to a Declaration of War

Ackerman, Bruce. “Obama’s Unconstitutional War.” ForeignPolicy.com 24/03/2011"
Candidate 3: "The intervention in Libya has run contrary to the interests of the US by giving the president stronger powers. When Bill Clinton intervened with NATO in Kosovo he had to gain the approval of congress following the 60th day, with the conflict ending on the 78th. In allowing Obama to do this, a fundamental part of the U.S. democratic system has been undermined and more powers have been given to the presidency. In the future this could lead to further bad decisions for the united states as presidents are required to prove less in order to take stronger action.1

Greenwald, Glenn. “The illegal war in Libya.” Salon. 19/05/2011"
Candidate 4: "Firstly, the Obama regime had plenty of time to get congressional approval. It would have been fairly easy for a bipartisan bill led by Senators John Kerry and John McCain to get through congress in time for the U.S. to successfully intervene in the area. The United States through a joint session of congress declared war on Japan within two days of the Japanese launching their attack on Pearl Harbor showing that declarations of war can be pushed through congress quickly when there is the need.1

Secondly, whilst some of congress, the leadership was consulted regarding the actions in Libya, all of congress was not. This harms the portrayal of congress as an important and representative body when more minor members are not consulted for very important decisions made by the state. As such, no discretion can be allowed in this area because to do so is to harm the institutions upon which the US is founded.2

‘Joint Address to Congress Leading to a Declaration of War Against Japan (1941)’, ourdocuments.gov,

Ackerman, Bruce. “Obama’s Unconstitutional War.” ForeignPolicy.com 24/03/2011"
Candidate 5: "Through the processes of committing to Aid programmes and the UN, the US has incorporated a certain amount of internationalism into its legal system. The power given to Congress by the War Powers Act must be balanced against the fact that the executive retains control over US foreign policy.

Secondly, a UN resolution that allowed the use of air power by countries to protect civilians.1 This means that fears of conflict escalation are unfounded and given that the UN resolution exists, the war powers act is not weakened significantly as it would still mandate a UN resolution to prevent conflict escalation.

Even if the U.S. government sought regime change however, it has moral legitimacy in doing so because of the demand for such changes from a large number of members of the international community.2

Lynch, Colum, ‘Security Council passes resolution authorizing military intervention in Libya’, Turtle Bay Foreign Policy, 17 March 2011,

“War Powers Act.” Cornell University Law School."
Candidate 6: "The president’s office released this statement, justifying the engagement in Libya: "The President is of the view that the current U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of “hostilities” contemplated by the Resolution’s 60 day termination provision. U.S. forces are playing a constrained and supporting role in a multinational coalition, whose operations are both legitimated by and limited to the terms of a United Nations Security Council Resolution that authorizes the use of force solely to protect civilians and civilian populated areas under attack or threat of attack and to enforce a no-fly zone and an arms embargo. U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof, or any significant chance of escalation into a conflict characterized by those factors." 1

As such it is justifiable to say that the conflict in Libya do not amount to legal hostilities. Secondly, the U.S. gave control of the operation in Libya to NATO on April 1st 2011. As such the U.S. government is not in violation of U.S. laws as it is not the U.S. prosecuting hostilities should they be considered to be happening. It is instead NATO doing it. Given that NATO is part of U.S. spending and that NATO commitments require contribution from all member states in some way, the U.S. does not have to justify the engagement in law as the U.S. is not culpable for its participation, NATO is.

Further, whilst regime change was a consequence in Libya, it was not the military objective of the campaign in Libya, which was to simply limit Gadaffi’s ability to use aircraft to visit harm upon his citizens. Regime change was just a happy coincidence that benefitted the people in Libya. As such the conflict did not amount to “hostilities” as U.S. participation in said conflict was incredibly limited. 2

BBC News, ‘Libya: Obama says US intervention will be limited’, 29 March 2011,

Obama Administration letter to Congress justifying Libya engagement, 15/06/2011"

The president’s office released this statement, justifying the engagement in Libya: "The President is of the view that the current U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of “hostilities” contemplated by the Resolution’s 60 day termination provision. U.S. forces are playing a constrained and supporting role in a multinational coalition, whose operations are both legitimated by and limited to the terms of a United Nations Security Council Resolution that authorizes the use of force solely to protect civilians and civilian populated areas under attack or threat of attack and to enforce a no-fly zone and an arms embargo. U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof, or any significant chance of escalation into a conflict characterized by those factors." 1

As such it is justifiable to say that the conflict in Libya do not amount to legal hostilities. Secondly, the U.S. gave control of the operation in Libya to NATO on April 1st 2011. As such the U.S. government is not in violation of U.S. laws as it is not the U.S. prosecuting hostilities should they be considered to be happening. It is instead NATO doing it. Given that NATO is part of U.S. spending and that NATO commitments require contribution from all member states in some way, the U.S. does not have to justify the engagement in law as the U.S. is not culpable for its participation, NATO is.

Further, whilst regime change was a consequence in Libya, it was not the military objective of the campaign in Libya, which was to simply limit Gadaffi’s ability to use aircraft to visit harm upon his citizens. Regime change was just a happy coincidence that benefitted the people in Libya. As such the conflict did not amount to “hostilities” as U.S. participation in said conflict was incredibly limited. 2

BBC News, ‘Libya: Obama says US intervention will be limited’, 29 March 2011,

Obama Administration letter to Congress justifying Libya engagement, 15/06/2011
