NO ADVERTISING, GOVERNMENT OR CORPORATE FUNDING
DONATE TODAY


  March 20, 2011

UN Resolution on Libya Allows Invasion


Francis Boyle: UN resolution prohibits occupation but does not stop attack on land
Members don't see ads. If you are a member, and you're seeing this appeal, click here
   


Audio

Share to Facebook Share to Twitter



The Real News is a vital answer to The New York Times, the house organ of the oligarchs. - Al Salzman
Log in and tell us why you support TRNN


biography

Francis Boyle is a Professor of international law at the University of Illinois College of Law in Champaign, Boyle said today: "Without authorization by the United Nations Security Council and express authorization from the U.S. Congress pursuant to the terms of the War Powers Resolution, for President Obama to establish any type of so-called 'no-fly zone' over Libya would be illegal and unconstitutional." While serving as the lawyer for the Republic of Bosnia and Herzegovina in 1993, Boyle procured the NATO no-fly zone over Bosnia. He is author of "The Bosnian People Charge Genocide."


transcript

UN Resolution on Libya Allows InvasionDANYA NADAR: Welcome to The Real News Network. My name is Danya Nadar, coming to you from Washington, DC. Joining us is Francis Boyle, professor of international law at the College of Law in Champaign, Illinois. Thanks for joining us, Francis.

FRANCIS BOYLE: Well, thank you for having me on, and my best to your audience.

NADAR: What do you think of this resolution? It passed on March 17. What's in this resolution?

BOYLE: Basically, the resolution as currently drafted authorizes a war across the board against Libya--airstrikes, naval blockade, even a land invasion. The only exception in there is against a foreign military occupation force. But under the laws of war, there is a distinction between a land invasion and an occupation force. For example, when the United States invaded Haiti in 1994 and put 24,000 troops in there, it's still took the position under the Clinton administration that we were not a foreign military occupation force. So this was very carefully drafted to permit troops on the ground.

NADAR: The way the media has been framing it, that it is specifically going to discuss airstrikes and not ground troops. So is there a part of the resolution that you can outline for us where it shows that?

BOYLE: The language here under paragraph 4, quote, "while excluding a foreign occupation force of any form on any part of Libyan territory". But there is a difference between a foreign occupation force and a land attack when troops are attacking, they are not occupying. So I believe this was very carefully drafted to permit a land attack if necessary. We know that British special forces have been in Libya for quite some time. So my guess is they have prepared for way for a land attack if and when that decision is made. Personally, I think this has been underway by the United States, Britain, and France for quite some time, since the outbreak of the crisis there in Benghazi. They've moved all their military assets into place. I don't believe there's really anything Libya can do to stop a major attack upon it by the United States and NATO. I think we are past this point. If you read the resolution, it does not authorize regime change. But Cameron, Clinton, Obama, Sarkozy have all said Gaddafi has to go.

NADAR: So will the United States, the UK, France, and NATO, will they be violating international law in light of this resolution if they are to go in and topple the Gaddafi regime?

BOYLE: Before President Obama can go to war against Libya, he must have prior and express approval from the United States Congress, under both the War Powers Clause of the United States Constitution and Congress's own War Powers Resolution of 1973. It does not appear to me that he's going to bother, despite the fact that Dennis Kucinich, the Democrat, has said something about it, Ron Paul, the Republican, has said something about it, and even yesterday, Senator [Richard] Lugar, the senior ranking Republican--actually, the senior Republican on the Senate Foreign Relations Committee, has also said something about it. For Obama to launch an attack on Libya would be an impeachable offense under the United States Constitution.

NADAR: Thanks for joining us.

BOYLE: Well, thank you for having me on.

NADAR: And thank you for joining us on The Real News Network.

End of Transcript

DISCLAIMER: Please note that transcripts for The Real News Network are typed from a recording of the program. TRNN cannot guarantee their complete accuracy.



Comments

Our automatic spam filter blocks comments with multiple links and multiple users using the same IP address. Please make thoughtful comments with minimal links using only one user name. If you think your comment has been mistakenly removed please email us at contact@therealnews.com

latest stories

Growing Labor Protests Paralyzing France
Refugees Dehumanized, Impoverished, and Trapped in Europe: What can we do about it?
Clinton's Candidacy Will Unite the Corporate World
Rising Up Against Empire: Jeremy Scahill and the Easter Uprising
Tapes Reveal Coup Plot Against Rousseff, Weakening Temer Government
Koch Funded Free Market Universities in Arizona
'We've Become Accustomed to the System Doing Nothing for the Killing of Black People'
IMF-Eurozone Deal Hailed as a Breakthrough, But No Relief for Greeks
Why Austrians Nearly Elected a Far Right Candidate as President
Unions and the Sanders/Clinton Split (2/2)
Democratic Nomination Battle is Not Over Yet
Will Sanders Appointees Shake Up the Convention?
'The Law Has Always Been in the Favor of Law Enforcement'
Officer Edward Nero Found Not Guilty of All Charges Over Death of Freddie Gray
Unions and the Sanders/Clinton Split (1/2)
Bernie Sanders and the Widening Political Spectrum
Austria Narrowly Elects Former Green Party Leader as President, Avoids Far-Right Candidate
The Empire Files: 100 Years of US Troops as Lab Rats
By Ignoring Fossil Fuel Extraction, the Paris Agreement is Doomed to Failure
The Occupation of the American Mind - RAI with Pink Floyd's Roger Waters (3/3)
Erdogan Targeting the 59 Pro-Kurdish HDP Parliamentarians with 445 Police Investigations
Climate Change-Fueled Droughts Pushing Africa to the Brink
The Financial Invasion of Greece
The Occupation of the American Mind - RAI with Pink Floyd's Roger Waters (2/3)
Judge to Hand Down First Verdict in Freddie Gray Case on Monday
Move to Amend and the Fight to Remove Corporate Money From U.S. Elections
Baltimore Activists Defend Tubman House Against Threats of Demolition
The Occupation of the American Mind - RAI with Pink Floyd's Roger Waters (1/3)
Ultra-Nationalist Avigdor Lieberman Accepts Post as Defense Minister of Israel
Sanders and Class Struggle in the Democratic Party

TheRealNewsNetwork.com, RealNewsNetwork.com, The Real News Network, Real News Network, The Real News, Real News, Real News For Real People, IWT are trademarks and service marks of Independent World Television inc. "The Real News" is the flagship show of IWT and The Real News Network.

All original content on this site is copyright of The Real News Network. Click here for more

Problems with this site? Please let us know

Linux VPS Hosting by Star Dot Hosting