The Obama administration has come up with a remarkable justification
for going to war against Libya without the congressional approval
required by the Constitution and the War Powers Resolution of 1973.
American planes are taking off, they are entering Libyan air space,
they are locating targets, they are dropping bombs, and the bombs are
killing and injuring people and destroying things. It is war. Some say it is a good war and some say it is a bad war, but surely it is a war.
Nonetheless, the Obama administration insists it is not a war. Why? Because, according to “United States Activities in Libya,” a 32-page report that the administration released
last week, “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.”
In other words, the balance of forces is so lopsided in favor of the
United States that no Americans are dying or are threatened with dying.
War is only war, it seems, when Americans are dying, when we die. When only they, the
Libyans, die, it is something else for which there is as yet
apparently no name. When they attack, it is war. When we attack, it is
not.
Tomgram: Jonathan Schell, The War on the Word "War"
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Nobody seems to have noticed, but in the nearly two and a half years
of the Obama administration at least three commonplace phrases of the
George W. Bush era have slipped into oblivion: “regime change,” “shock
and awe,” and “imperial presidency.” The war in Libya should remind us
of just how appropriate they remain.
By now, it’s obvious that, despite much talk
about a limited mission to protect Libyan civilians, Obama and his NATO
allies are as clearly on a course of “regime change” in Libya as Bush
was in Iraq. If you loved it then (and you haven’t learned a thing
since), you should love it now. If you were disturbed by it then, you
should still be disturbed by it.
No question, Saddam Hussein was one nasty guy, as is Muammar Gaddafi,
and the Bush administration was certainly blunter about what it was
trying to do to Saddam. The initial air assault aimed at him and other
regime heavyweights (which killed dozens of Iraqi civilians, but not a single significant or even insignificant figure) was repeatedly described as a “decapitation attack.”
This time around, the attacks on Gaddafi’s “compound” and other
locations the Libyan leader is suspected of using have been accompanied
by denials that
assassination was intended or his removal the point. But reality is
reality, and attempted regime change is attempted regime change,
whatever officials care to call it.
When the U.S. and NATO struck with their might against Gaddafi, using
jets, drones, and later Apache helicopters, they were visibly engaging
in a modified version of the “shock and awe” campaign that launched
the invasion of Iraq: massive air power meant to crack a regime open,
leave it stunned and potentially leaderless, and take it down. As air
power, for all its destructiveness, has disappointed in the past, so it has done here. All the Obama administration’s problems with Congress and with the War Powers Resolution
come from a belief -- similar to the Bush administration’s -- that,
given our awesome might, this would end quickly. It hasn’t.
Faced with the need to endlessly claim “progress”
(amid endless frustration) in a war that has once again inspired
something less than awe and submission, the Obama administration has,
like previous administrations, resorted to the powers of the imperial presidency, which only grow fiercer
with time. It seems that even a former constitutional law professor,
on entering the White House, can’t resist enhancing the powers of the
executive office. And if that’s not imperial, what is? (Ironically, if
the Obama administration had gone to Congress for support weeks ago,
as the War Powers Act calls for, it would undoubtedly have gotten that
support.) In the meantime, in its attempt to explain away the powers
invested in Congress, it has launched a war on words, as Jonathan Schell
makes clear. Schell first began writing about imperial presidents
back in the days of Richard Nixon, and his prescient 2003 book The Unconquerable World: Power, Nonviolence, and the Will of the People made
pre-sense of our Arab Spring planet. (To catch Timothy MacBain’s
latest TomCast audio interview in which Schell discusses war and the
imperial presidency, click here, or download it to your iPod here.) Tom
Attacking Libya -- and the Dictionary:
If Americans Don’t Get Hurt, War Is No Longer War
by Jonathan Schell
This
cannot be classified as anything but strange thinking and it depends,
in turn, on a strange fact: that, in our day, it is indeed possible for
some countries (or maybe only our own), for the first time in history,
to wage war without receiving a scratch in return. This was nearly
accomplished in the bombing of Serbia in 1999, in which only one American plane was shot down (and the pilot rescued).
The epitome of this new warfare is the predator drone,
which has become an emblem of the Obama administration. Its human
operators can sit at Creech Air Force Base in Nevada or in Langley,
Virginia, while the drone floats above Afghanistan or Pakistan or Yemen
or Libya, pouring destruction down from the skies. War waged in this
way is without casualties for the wager because none of its soldiers are
near the scene of battle -- if that is even the right word for what is
going on.
Some strange conclusions follow from this strange thinking and these
strange facts. In the old scheme of things, an attack on a country was
an act of war, no matter who launched it or what happened next. Now,
the Obama administration claims that if the adversary cannot fight back,
there is no war.
It follows that adversaries of the United States have a new motive
for, if not equaling us, then at least doing us some damage. Only then
will they be accorded the legal protections (such as they are) of
authorized war. Without that, they are at the mercy of the whim of the
president.
The War Powers Resolution
permits the president to initiate military operations only when the
nation is directly attacked, when there is “a national emergency created
by attack upon the United States, its territories or possessions, or
its armed forces.” The Obama administration, however, justifies its
actions in the Libyan intervention precisely on the grounds that there
is no threat to the invading forces, much less the territories of the
United States.
There is a parallel here with the administration of George W. Bush on
the issue of torture (though not, needless to say, a parallel between
the Libyan war itself, which I oppose but whose merits can be reasonably
debated, and torture, which was wholly reprehensible). President Bush
wanted the torture he was ordering not to be considered
torture, so he arranged to get lawyers in the Justice department to
write legal-sounding opinions excluding certain forms of torture, such
as waterboarding, from the definition of the word. Those practices were
thenceforward called “enhanced interrogation techniques.”
Now, Obama wants his Libyan war not to be a war and so has arranged
to define a certain kind of war -- the American-casualty-free kind -- as
not war (though without even the full support of his own lawyers). Along with Libya, a good English word -- war -- is under attack.
In these semantic operations of power upon language, a word is
separated from its commonly accepted meaning. The meanings of words are
one of the few common grounds that communities naturally share. When
agreed meanings are challenged, no one can use the words in question
without stirring up spurious “debates,” as happened with the word
torture. For instance, mainstream news organizations, submissive to
George Bush’s decisions on the meanings of words, stopped calling
waterboarding torture and started calling it other things, including
“enhanced interrogation techniques,” but also “harsh treatment,”
“abusive practices,” and so on.
Will the news media now stop calling the war against Libya a war? No
euphemism for war has yet caught on, though soon after launching its
Libyan attacks, an administration official proposed
the phrase “kinetic military action” and more recently, in that 32-page
report, the term of choice was “limited military operations.” No doubt
someone will come up with something catchier soon.
How did the administration twist itself into this pretzel? An interview that Charlie Savage and Mark Landler of the New York Times held
with State Department legal advisor Harold Koh sheds at least some
light on the matter. Many administrations and legislators have taken
issue with the War Powers Resolution, claiming it challenges powers
inherent in the presidency. Others, such as Bush administration Deputy
Assistant Attorney General John Yoo, have argued
that the Constitution’s plain declaration that Congress “shall declare
war” does not mean what most readers think it means, and so leaves the
president free to initiate all kinds of wars.
Koh has long opposed these interpretations -- and in a way, even now,
he remains consistent. Speaking for the administration, he still
upholds Congress’s power to declare war and the constitutionality of the
War Powers Resolution. “We are not saying the president can take the
country into war on his own,” he told the Times.
“We are not saying the War Powers Resolution is unconstitutional or
should be scrapped or that we can refuse to consult Congress. We are
saying the limited nature of this particular mission is not the kind of
‘hostilities’ envisioned by the War Powers Resolution.”
In a curious way, then, a desire to avoid challenge to existing law
has forced assault on the dictionary. For the Obama administration to go
ahead with a war lacking any form of Congressional authorization, it
had to challenge either law or the common meaning of words. Either the
law or language had to give.
