USA Not “AT WAR” with Libya!

This is a key issue, no doubt, but an even more serious issue is that President Obama and the Obama administration are carrying out an illegal war in Libya.  I deal with this issue on my Word Press blog, “progressive politics” where I have expansive coverage.  In essence, the Obama administration did not come to congress when they volunteered to breech the sovereignty of a Sovereign Nation.  Libya is recognized around the world as a legal State in the community of nations.  It does not matter to the international community that Libyan leader Gaddafi is the “head of the revolution”, which is his self styled moniker.  Rather, as recently as last week, the international community recognized the right of the government in Tripoli to appoint ambassadors. The case I am speaking of occurred in Stockholm.  The Swedish ambassador from Libya sided with the ragtag rebels against the central government of Libya.  The Libyan government under Gaddafi sent a replacement.  The Swedish government recognized the replacement and disenfranchised the rebel ambassador.  Why does this mean anything?  Because it recognizes the present government of Libya as the legal government of Libya.  So, now on to the USA, France and Britain.  Under the guise of resolution 1973 from the United Nations, the Obama administration has declared “Regime Change” as its’ official policy when President Obama stated that “Gaddafi must go”.  Then under the cover of the U. N. resolution 1973 to “…use all means to protect civilians in Libya”, the USA, France and Britain decided that the rebels were civilians and needed to be protected, while the uniformed legal army, navy and air force of Libya were “agents of the dictator” and therefore were to be attacked and destroyed using NATO military power.  Then using brutal military force the NATO partners invaded the air space of Libya, bombed its cities, attacked it army, civil governent and killed it’s civilians.  All of this under the guise of delivering humanitarian aid to the people of Libya.  Since when is humanitarian aid delivered on the tip of 212 cruise missiles? Since it’s inception, this invasion has been a war without a declaration of war.  Many bloggers claim that the United Nations resolution 1973 allowing nations to use “…all necessary force” against Gaddafi is legal for USA forces.  Not so, the Congress must approve such expenditure of USA military power on foreign adventures against a sovereign nation that has neither attacked us, nor our embassy, nor held our people hostage.  Other bloggers have stated that Gaddafi is a legal target since he is the head of state of a nation with which we are at war.  However, the USA is not at war with Libya since only the Congress of the USA has the constitutional power to declare war.  Yet others, have said that under the understanding of war crimes coming out of WW II and the Nuremberg Trials, plus the Geneva Conventions, and the USA Rule of Land Warfare manuals, USA forces are allowed to attack, destroy and render inoperative the military, civil and legal forces of a nation with which we are at war.  However, we are NOT at legal war with Libya.  Therefore, I submit that the whole operation of the USA against the internationally recognized government of Libya, (a member nation of the United Nations)   is inherently illegal according to USA law,( no Congressional Declaration of War); according to UN law, (which declares that the military forces of members states will not be used to overthrow the governments of other member states), according to the Nuremberg Trials that declared that the military and civil leaders of Germany were criminal aggressors because they invaded another nation (Poland) under the pretense of attack (Russia too?) and according to the USA Rule of Land Warfare that recognizes that a Nation State that is not in a declared war with another Nation State and nonetheless unilaterally and with itself NOT being attacked, attacks, is a criminal aggressor!

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Retired army chaplain, Rotarian, moderately right of center on most issues, big on self reflection and self analysis.

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