U.S. Armed Forces in Libya – What if?
The United States is at War again.
On March 7, 2011 – The French and the United Kingdom first pressured for the establishment of a No-Fly Zone over Libya, but backed down. As of this moment the military interference in an internal Conflict, commonly known as Civil War, was on the table.
The Arab league supported this Idea, but never intended to get involved by themselves just in case something went terribly wrong, and in a military conflict there is always a possibility to blame others.
On March 17, 2011 – the Unites Nations Security Council approved, from pressure of the French President Sarkozy, a military intervention in Libya.
“SC/10200 United Nations security council approves a ‘No-Fly Zone’ over Libya’ (1), authorizing ‘All measures’ to protect civilians.
This fungous declaration leaves a lot of room for interpretation and even more questions.
On March 19, 2011 – the First Air Strikes began in cooperation with Missile attacks from U.S. Battle ships.
President Obama has, illegally and without consent, sent U.S. Armed Forces into a conflict. Though he had plenty of time to consult with the Congress and call for an urgent emergency meeting getting Congressional Approval, President Obama decided to play Golf, pick his favorite NCAA team and travel to South America.
This action is not only highly illegal but also endangers American soldiers. Illegal because we have a constitution and the constitution is clear on when, where and how the president is authorized to engage the Armed Forces in a conflict without Congressional Approval.
The War Power Act from 1973 (2), established by the 93rd Congress after the Vietnam conflict was put in place exactly to prevent any U.S. President to engage the U.S. in a War without approval again.
More important than the Power Act is the United States constitution. Article I – Section VIII (3) rests the power to declare War solely to the United States Congress, and requires both the Commander-in-Chief AND the Congress to commit U.S. Troops; otherwise any Action would be unconstitutional.
Article II – Section II (3) of the U.S. Constitution sure identifies the U.S. President as the civilian oversight of the U.S. Military and Commander in chief, but does not allow him to use the Armed Forces to enforce its political will on foreign Nations.
March 22, 2011 – the first American Airplane, an F-15 Strike Eagle, crashes over Libya (4). And despite the statements from the Pentagon that this Jet was ‘Not’ shot down, but crashed due to technical failure the situation remains the same. According to UK Guardian the Pilots could not have known if the people who found them were friendly or non-friendly since they all were heavily armed.
Praise the Lord the Fighter Pilots are safe and well, but it could have been the other way around.
There are many questions that now rise from this situation. Speaker of the House John Boehner sent a few questions to President Obama concerning the American involvement in this “Action” I think he asked the wrong questions. So let me as ask a few here:
My first question concerns the UN Resolution – Gaddafi, Libya and the rebels
The UN Resolution declares “All necessary Measures to protect Civilians”. But what does that mean, who is a civilian in this case and who is a participant in an armed internal conflict.
In my understanding of the Geneva Convention (5) a person that is armed and participates in a violent action is not to be considered an unarmed unprotected Civilian and falls under the rules of Engagement.
Muammar al-Gaddafi should have been taken out 30 years ago. But it was the European Countries, especially France, Germany, Austria, Russia and so on who protected him and made him diplomatically eligible (6).
No matter what one thinks about Gaddafi he is the legal Head of Libya, his citizens have supported him for the past 30 years. Now the very same Citizens rebel against him.
I definitely agree and support the revolution, but this is an internal conflict and when the UN claims falsely that the western alliance is to protect “Civilians” this is a fraudulent inflammatory statement because as I mentioned above armed Civilians participating in a violent conflict are not protected under the Geneva Convention.
So here is my first question – why is the United Nations so eager to get involved in that conflict?
In my opinion the United Nations together with the French and the UK in cooperation with the European Union uses the U.S. Armed Forces to interfere illegally to overthrow a uncomfortable Dictator for economical (in favor of the European Union and NOT the U.S.) and political reasons (to strengthen Muslim radical groupings).
My next Questions go straight to the Situation of the American Soldiers.
The fact that we have never officially declared war on Libya raises many questions concerning the legal status of our Armed Forces.
Many Military experts and the NATO command already warn that, should the rebels not prevail, a Ground Force operation would be the next logical step. Taking a closer look at the fuzzy UN declaration the application of Ground Forces is not being ruled out. And that brings me to the point.
Since when – does the United Nations run our Armed Forces for their advantage? Since when is the UN in charge of our Soldiers? Ok you might say – sure since the UN puppet Obama is president – but where is the Congress on this?
What is the benefit – does that mean we now get access to the oil and gas of Libya or does that mean we spend American Tax Dollars (over 70 Million Dollars in the past 3 days in Tomahawk Missiles) to make sure the Arab league and the European Union gets the financial benefit?
What if – the fighter Jet Pilots would have been shot down, not in friendly but enemy territory? Since Gaddafi already declared that he does not accept the UN resolution, he could have considered the Pilots terrorists, spies, or God knows what and punished them at will, even execution.
What if – we send ground forces into Libya? What is the status of the conflict? Is this a Police Action, a war, an expedition – what?
And the question is not so far off because this question involves the treatment of the soldiers and their families when they come home according to the U.S. Veterans Affairs regulations.
Only Combat Veterans participating in an official declared War are eligible for the “War-veteran-Benefits” (7). Every military person knows that the benefits, retirement, and other social assistance for homecoming soldiers have a specific distinction – Soldiers in times of peace and soldiers in combat.
What happens – to the families of the fallen? Do they receive surviving dependents benefits of a soldier at war or the smaller benefits for a soldier in peace?
Remember we have never declared war officially on Libya.
Remember how long it took to accept the Vietnam Veterans legally as War Veterans? It took until 2003, under the Bush Administration to recognize veterans’ benefits for Soldiers exposed to Agent Orange (7). Or the legal battles on legally accepting the fact that Operation Desert Storm participants had been exposed to Chemical Weapons and grant the benefits for this. And it is confirmed that Gaddafi holds Mustard gas weapons.
What if – those F-15 Pilots would have been killed – what regulation would apply to them and their families left behind, since we are not at War with Libya?
Despite the legal constitutional aspect of Obama’s narcissist lone-ranger actions, where he thinks he can do whatever he feels like, once again I think he has confused his job description with that of a dictator. Here in America we have a democracy, a system with “Checks and Balances” a House body and a Senate body it is not a 1 man show; Apparently Harvard Law School no longer teaches the rules of our three branches of government.
I am sure there are tons of questions that can be asked but those are the ones that burn on my heart right now.
As far as I am concerned – all we can do is pray for our men and women in the Armed Forces for their safe return as they follow their loyal calling as Service members. God bless you and thank you for your service.
Pray that they all return home safe because our President in my opinion has not given any serious thought to this unauthorized action and its consequences.
Mr. President, Mr. Speaker of the House Boehner:
Would anybody please explain this to me or answer my questions? Since I am a citizen and a Taxpayer I am entitled to the answers.
1) United Nations.org Press Release
2) Almanac of Policy Issues
3) Cornell University Law School
4) L.A. Times
6) (The Hypocrisy of Europe…) tclehner.wordpress.com
7) United States Veterans Affairs Department