As a matter of international law, a declaration of war had much more to do with the technical legal regime governing hostilities — dissolving treaties between the belligerent powers and permitting the lawful seizure of public or private enemy property, for example — than with the right to use force in the first place. The British monarch was not only commander in chief but also could declare war.
The Framers divided this authority, reserving the latter power to Congress as the national legislature.
Those Republicans accusing President Obama of exceeding his legitimate authority should consider whether they would make the same claims if a Republican were president, as many Democrats previously have done.
The Constitution’s Framers deliberately divided war powers between the president and Congress. Congress, on the other hand, has the power to raise, support and make rules governing the armed forces, and to determine how much is to be spent in war or peace.
Update Report in Word • PDF Expected Council Action Security Council members seem likely to intensify the discussions on Libya this week.
At press time, Security Council members were meeting in informal consultations at Lebanon’s request to discuss Saturday’s Arab League statement calling on the Security Council to impose a no-fly zone. Lynn Pascoe was expected to brief on the situation in Libya.
In addition the statement called for communication and cooperation with the Benghazi-led Interim Council, said the Qaddafi-regime had lost its legitimacy, urged humanitarian assistance and that the Arab League would continue coordination with the UN, the AU, the Organisation of the Islamic Conference (OIC), and the EU.
On 11 March UN Special Envoy Abdul Ilah Khatib was set to leave New York immediately for Tripoli to assess the situation on the ground accompanied by UN humanitarian officials and staff from the Department of Political Affairs and the Office of the High Commissioner for Human Rights.
The debate over the president’s use of force without congressional authorization focuses on this provision.(Khatib, a former foreign minister of Jordan, was appointed by the Secretary-General on 6 March.) On 11 March the EU met at the heads of state level on Libya and issued a declaration calling the use of force against civilians unacceptable and that member states would explore all necessary options to protect civilians.The summit declaration called on Qaddafi to relinquish power immediately and recognised the Benghazi Interim Council as a political interlocutor.There is little doubt that the Syrian regime has committed war crimes and crimes against humanity against its own people over the last two years. policy makers and other supporters of the strikes have advanced the NATO air campaign in Kosovo in 1999, undertaken to prevent a potential Serb slaughter of ethnic Albanians, as a precedent that would justify intervention in Syria under that principle.If it is proven that the Assad regime used chemical weapons in the attack last week, that would constitute a separate and grave violation of international law. But the principle of humanitarian intervention and R2P are not yet established law, and the Kosovo intervention is generally recognized as having been unlawful.All of this screams out for a response by the international community. Security Council for the purposes of restoring or maintaining collective security (Arts. In order for a state to use force in self-defense, it or some other state must have suffered an armed attack (or, under some interpretations, be the target of an imminent armed attack) launched by the target state. Humanitarian intervention is an "emerging norm" of customary international law, which might serve as a third exception to the prohibition against the use of force, permitting states to intervene militarily in a state to prevent the government there from committing atrocities against its own people.