Mission Not Accomplished

Obama's Libyan adventure is already a failure, and it will likely get worse.

BY JOHN YOO , ROBERT DELAHUNTY | MARCH 29, 2011

The war in Libya is a good war -- or at least, it should and could be. But it is certainly not a smart war and may well turn into a debacle. Bringing down Col. Muammar al-Qaddafi's tyranny would be a major strategic and humanitarian victory in the Middle East. That achievement would be even more stunning if a democratic government, brought to power by Libyans themselves, replaced Qaddafi. Although the Libyan rebels will undoubtedly need Western help -- and are rightly receiving it -- the credit will be theirs: The American Revolutionaries needed French arms to defeat the British, but French help did not tarnish their victory.

Yet the chances of such favorable outcomes have been diminished by America's own president. Barack Obama, despite his forceful speech on Monday, March 28, is proving to be singularly ungifted in executive talent, let alone in the qualities that are needed in the leader of the Western alliance. Obama's Libya policy has been marked by an erratic, improvisational, and amateurish character. Already the administration is quietly warning that the war may drag on through the rest of the year, if not beyond it. While Obama might claim success early on, given the vague mission of protecting civilians, we should not be fooled into thinking that an ongoing civil war represents a victory for American arms. Indeed, a prolonged stalemate would be a disaster. Wounded, vengeful, but undefeated, Qaddafi would pose a greater danger than ever. He could resume his practice of terrorist attacks on Western targets, working perhaps through jihadi elements such as the Libyan Islamic Fighting Group, hundreds of whose members he has released from prison.

A protracted civil war in Libya could have effects beyond its borders. It could lead competing outside powers -- France, Turkey, or even China -- to back different Libyan factions. U.S. forces and resources would be tied down even as the United States seeks to wind down in Iraq and defeat a resurgent Taliban in Afghanistan. On the other hand, a premature exit would undermine American credibility in a region that already doubts Obama's steadfastness. Just as the administration's mishandling of last year's oil spill in the Gulf of Mexico revealed its ineptitude in domestic matters, its mismanagement of the Libya intervention may become emblematic of its haplessness in foreign affairs.

The Obama administration's most glaring mistake in its approach to Libya is the central weight it has given to the United Nations. Hanging America's hat on U.N. approval has caused a mismatch between Obama's stated policy goal -- that Qaddafi must "go" -- and the limited means provided by U.N. approval for economic sanctions and civilian protections. Even at this early stage of the conflict, Obama's policy has created a large gap between U.S. strategic ends and U.N.-authorized means.

First, Obama has announced that in no circumstances will the United States introduce ground troops into Libya. Even if the United States was not planning to take that step, it was an unpardonable mistake for the president to have said so publicly. As simple international bargaining theory demonstrates, the threat of escalating a conflict by a party with superior resources should lead to a more favorable settlement. The threat of invasion might have convinced Qaddafi to leave power or his generals to take matters into their own hands. Obama's announcement to the contrary can only have strengthened Qaddafi's resolve to hang on. Taking the option of ground troops off the table at the very outset of hostilities helpfully informed an enemy of U.S. limits and undercut the coalition's position.

Furthermore, if America's strategic goal is -- as Obama proclaims -- the overthrowing of the Libyan regime, it may well need to introduce ground forces to do that, especially if NATO's use of air power remains highly circumscribed. (NATO Secretary-General Anders Fogh Rasmussen has said that the alliance "will implement all aspects of the U.N. resolution. Nothing more, nothing less.") Air power is useful to a point: It can disrupt Qaddafi's logistics and prevent the movement of his forces across the vast desert spaces between Libya's cities. But it cannot take and hold ground. Air power is far more likely to succeed if combined with significant military operations on land -- as it was in the two Iraq wars. NATO's air power did not bring down Slobodan Milosevic in the Kosovo war. It may have forced his withdrawal from Kosovo, but even there it was supported by the land forces of the Kosovo Liberation Army. Without the use of significant land forces -- whether provided by better armed and trained rebels, more defectors from Qaddafi's side, NATO, or the United States -- stalemate rather than regime change seems the likely result. As Director of National Intelligence James Clapper warned, the meager forces fielded by the rebel government alone cannot overcome the superior firepower of the Qaddafi military.

Getty Images

 

John Yoo is a law professor at the University of California, Berkeley, and a visiting scholar at the American Enterprise Institute. Robert Delahunty is an associate professor at the University of St. Thomas's School of Law in Minneapolis. Both served in the U.S. Justice Department under President George W. Bush.

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HURRICANEWARNING

7:24 PM ET

March 29, 2011

ya know...I think it's pretty

ya know...I think it's pretty obvious to even the most uneducated outsider that Obama's campaign isn't necessarily a failure. I never wanted to intervene in the first place, but hey, Liberals love feeling good about themselves (smug clouds and all) so the way I see it, Obama intervened, and alot remains to be seen. He obviously, despite your arguments, hasn't really failed yet. However, if failure in Washington, and on the world stage is as connected to perception as I believe it to be, then maybe he has failed...because people like you are already (prematurely) labeling him as a failure. If your mission was to change perception based only on your own thoughts and opinions while notably lacking a shared reality...then congratulations, perhaps you have succeeded.

 

RYMAX

8:23 PM ET

March 29, 2011

Thanks FP for

giving John "torture memo" Yoo a stage to display his profound contempt for all things American. Like rule of law. To have Yoo even mention 'undermining American credibility in the region' is beyond rich. Mr. Yoo is directly responsible and complicit in the illegal torture and imprisonment without trial of hundreds of people from the region. Ya' think that helped America's credibility in the region?
Listening to Yoo talk foreign policy is like listening to Charlie Sheen talk child-rearing. I'm looking forward to your coming expose on the sanctity of marriage by Newt Gingrich.

 

VR

6:33 AM ET

March 30, 2011

Thanks FP

Agreed

 

JALLEN

10:52 AM ET

March 30, 2011

Brilliant!

I was going to post something but then I read this. Absolutely perfect. Thank you.

 

SEPPOIN

12:30 PM ET

March 30, 2011

Torturer's tortuous logic

Well said Rymax.

When i saw the headline, i thought may be there is something wrong in Obama's approach. It turns out the two UC folks didn't like the idea of Obama going to UN.

According to them, the US probably should have bombed the entire Tripoli, armed the rebels and send several thousand Soldiers. And, who would benefit? Arms manufacturers and companies that supply mercenaries (former Blackwater and others)

Wondering if these guys get paid from those sources!!

 

TORO

3:20 PM ET

March 30, 2011

Completely agree. This guy

Completely agree. This guy has the moral credibility of a hamster.

 

PALMER

12:02 PM ET

April 1, 2011

Well said

Rymax,

Well said. For John Yoo to talk about loss of American credibility is really astonishing hubris. This is the man who set the threshold for torture at "pain equivalent to failure of a major organ." Well, waterboarding simulates drowning and suffocation--if the feeling of imminent death due to suffocation isn't pain equivalent to major organ failure, what is?

You did miss his lack of expertise in international law on the use of force.

"The Obama administration's most glaring mistake in its approach to Libya is the central weight it has given to the United Nations. Hanging America's hat on U.N. approval has caused a mismatch between Obama's stated policy goal -- that Qaddafi must "go" -- and the limited means provided by U.N. approval for economic sanctions and civilian protections. Even at this early stage of the conflict, Obama's policy has created a large gap between U.S. strategic ends and U.N.-authorized means."

Like it or not, when the U.S. ratified the UN Charter, it agreed that the use of force would be authorized in precisely two situations: legitimate self-defense against an armed attack or action authorized by the Security Council. By waiting to take action until there was a Security Council resolution, the U.S. has simply honored its freely undertaken obligation under international law. Since the Security Council authorized "all necessary means," there really is not a problem of "limited means provided by U.N. approval."

The criticism of the president for stating up front there won't be U.S. boots on the ground--isn't that obvious? Where would we get more boots to put on the ground? We have just about broken our ground forces from George Bush's ill-considered war in Iraq and the war in Afghanistan. Does anyone really think the U.S. needs to be putting ground forces into Libya? Let's leave that to our European allies who have a much more compelling interest than we do, or better yet perhaps Arab states could actually do something responsible for a change.

 

THEPUBLICGOOD

8:36 PM ET

March 29, 2011

The Guys Who Wrote the Torture Memos?!?!

Because I would absolutely take their advice on foreign policy......despicable

 

THE CRACKSHOT CRACKPOT

9:24 PM ET

March 29, 2011

Haha!

Is this The Onion? Did I really just read a foreign policy analysis by the same neoconservative intellectuals who brought us blood, guts, and mayhem in Iraq criticizing Obama's foreign killing sprees?

These two horse's asses are right to fear the international repercussions of Libya's civil war, but I don't see how putting American troops in the region - or spending billions of dollars that we don't have - would secure global stability or security, to say nothing of the least of regional security. Just look at what has happened in - you guessed it! - Iraq.

God forbid we let the Libyans, the Europeans, and the rest of the Maghreb sort out their problems without American blood and treasure...

 

RKERG

11:36 PM ET

March 29, 2011

Is this the same UN that George Bush senior used....

...to build a coalition for expelling Iraq from Kuwait? Yes it must be, so I am sure that Mr Woo will show us all the criticism that he wrote when that happened. Right, Mr Woo? C'mon. c'mon. don't torture us. LOL.

 

GSHRESTHA

12:57 AM ET

March 30, 2011

torture

It is amazing to see no other than John Yoo, the very John Yoo who gave us all the famous torture memos making circular arguments replete with neocon objectives. He wants the US to take a lead in a war in the region where it is highly unpopular and its motives are viewed with suspicion. It is a Libyan movement, at most an Arab movement. Enough of free rides for rest of the world. Let Europe lead or France or Spain lead. The problem is right there in their neighborhood. Meanwhile, the US can take a back seat offering help where its technological superiority will allow them to do so. The US has already probably saved thousands of lives in Libya. Obviously, there are dangers associated with stalemate. But, the US is in no position to commit itself heavily in Libya and Obama has made this clear to its partners and that is the reason behind him going to the UN, which obviously has a constraining effect. But, that is a price to pay for multilateralism. Of course, the process will be slow and at times appear chaotic. But, it is high time that US policymakers stop thinking the world as their playground and look for quick victory. Remember, how neocons envisioned quick solution in Iraq?
John Yoo in the meantime can sit in his sanitized office in Berkeley and convince himself that he saved American people from enormous dangers by crafting grand legal rationales that allowed CIA to conduct torture. Yoo, you have committed an unpardonable sin in American history. By becoming an enabler and accomplice to very people who wanted to undermine American virtues, you have reserved you name in the annals of infamy.

 

SETHSPEIRS

4:58 AM ET

March 30, 2011

Not failure yet but...

One can argue the merits and demerits of intervention, but the cold facts here are that Obama has stated that his aim is regime change in Libya.

Having stated that aim then you had better back that up with appropriate action or look pretty foolish.

The dilly-dallying for 2 weeks led to almost defeat for the rebels. Only then did anything get done. There appears to be a stalemate now, the rebels too weak to defeat pro-Qaddafi forces in the field, and pro-Qaddafi forces too weak to defeat rebels backed by NATO warplanes.

The no fly zone has done a job in ensuring the rebels are not defeated but it is not going to bring about regime change.

Obama is now stuck with his stated policy of regime change without any means of bringing it about.

Unfortunately he has shown himself once again to be weak, indecisive, and without any clear plan of how to acheive his objective. THese are not good qualities in a President.

 

DMOLONEY

5:47 AM ET

March 30, 2011

Dum dum dum

"Obama's Libya policy has been marked by an erratic, improvisational, and amateurish character."

Saved benghazi, has the support of the arab league, has the legal support of the UN and now after the initial strikes he has other nations contributing, even arab nations.

"U.S. forces and resources would be tied down even as the United States seeks to wind down in Iraq and defeat a resurgent Taliban in Afghanistan."

Taking into account the size of the US military and the fact that this conflict doesnt involve ground troops it isnt too much of a significant burdan, unlike the war of choice in iraq started by youre former boss.

"Just as the administration's mishandling of last year's oil spill in the Gulf of Mexico revealed its ineptitude in domestic matters"

Youre confused, the oil spill wasnt Katrina, and obama isnt bush, youre former boss.

"Even if the United States was not planning to take that step, it was an unpardonable mistake for the president to have said so publicly."

Far from it, it calmed arab and even domestic fears of another possible iraq.
Its a bit dim not to have seen this, its even more dim to see it as a unpardonable mistake.

"The threat of invasion might have convinced Qaddafi to leave power or his generals to take matters into their own hands."

It worked so well with iraq. The chances of such a thing happening is so slim and it wasnt worth the risk of losing arab league support or even domestic support for what would have been clear to everyone to be an insincere threat.

"helpfully informed an enemy of U.S. limits and undercut the coalition's position. "

That was iraq, not a decision which made sure that their was a proper coalition to begin with.

"Air power is far more likely to succeed if combined with significant military operations on land -- as it was in the two Iraq wars."

Actually air power can succeed with ground froces from the actual nation, look at the afghan invasion. Secondly even the opposition to gaddaffi opposed the use of ground troops.

"NATO's air power did not bring down Slobodan Milosevic in the Kosovo war. It may have forced his withdrawal from Kosovo,"

This shows that the air war could work in libya for just as milosevic was forced from kosovo gaddafi may be forced from libya.

"but even there it was supported by the land forces of the Kosovo Liberation Army."

And nato now has the libyan rebels.

 

UNCLE JOE

8:32 PM ET

March 30, 2011

Perfect response

It's unbelievable that a serious publication would print something by these men. They've shown a complete lack of ethical principles and an incredibly naive view of how our actions are received around the world.

Compared to the Bush Administration's handling of Afghanistan and Iraq , Obama's handling of Libya is looking pretty good. We can't afford another ground war, so let NATO & the Arab League take the load. I think the big problem neo-cons have is that they want our President to act like John Wayne. Stupid foreign policy...

 

DMOLONEY

5:54 AM ET

March 30, 2011

The United Nations'

The United Nations' fundamental principle is to declare the "territorial integrity" and "political independence" of each country and to prohibit intervention in the internal affairs of member states.

Youre obviously forgetting about r2p

 

F1FAN

9:20 AM ET

March 30, 2011

John Yoo, Robert Delahunty, really?

I'm sure even though President Obama's military misadventure is a failure that these two morons could easily write up a legal opinion that justifies it and gives President Obama perfect legal cover to do it and to torture Libyans.

Way to lose credibility FP. Bra-vo.

 

PHENEGER

9:23 PM ET

March 30, 2011

Yoo an Executive Power

Yoo has already wrote that opinion in 2002. In the first of the torture memos (sometimes called the Bybee memo), Yoo argued, in essence, that the President's authority when acting as the Commander-in-Chief is essentially unlimited by statute law, treaties signed and ratified by the United States, and even the Constitution itself. Unfortunately, the Constitution does not define the President's commander-in-chief powers, but it does charge the President to "take care that the laws be faithfully executed." (Article II, Sect. 3)
That is one specific duty that Yoo never mentions in the torture memos.

 

SAFETYANDLIBERTY

10:17 AM ET

March 30, 2011

John Yoo is not a credible

John Yoo is not a credible legal scholar. He is an amateur revisionist, and we should stop treating him like a serious intellect.

See Louis Fisher's excellent piece debunking his "scholarship" at the Constitution Project. http://dlisted.com/node/41379

 

DRLAKE777

10:33 AM ET

March 30, 2011

Why print this crap, FP?

Why print this crap, FP?

 

DDSNAIK

11:34 PM ET

March 30, 2011

My (and everyone else's) sentiments exactly

Didn't make it past the 2nd page, especially after already raising eyebrows when he equated the handling of the oil spill with the management of Katrina and poo-poohed Obama's statement that ground troops were out of the questions (how bizarre that anyone would take offense to that ?!).

Even with a nod towards fair air time for dissent and... um, controversial... yeah, controversial figures, giving this guy a pulpit either meant someone at FP had a brain fart, owed someone a favor, or has a really understated sense of humor.

Clowns...

 

DCOUTSIDER

10:54 AM ET

March 30, 2011

seriously?

A poor showing from FP this week. First you allow a platform to the 25-time defending champion of the Ugandan presidency, Museveni, who uses it to burnish his credentials as the 'responsible' continental strongman, blather at an undergraduate level about imperialism, and preach about how best to handle his psychotic Libyan colleague, all while slyly besmirching the rebels as quislings and puppets. (One speculates he does so with a nervous glance northward...)

Now we see four pages of space granted to the intellectual legal lion bylined above. Couldn't find anyone else?

Whoever made the final decision on publication should allow equivalent space for written expression to one former child soldier and one wrongfully tortured Gitmo inmate, respectively, to atone for this week's performance. It's only karmically wise.

 

JAYDEE001

11:02 AM ET

March 30, 2011

Now ya' tell us?

"Certainly, the United States does not have an obligation to intervene everywhere to stop all wars, fix all failed states, remove all dictators, and pursue all terrorists groups. "

We certainly do not need advice on foreign policy from the author of the infamous torture memo, or from any other Bush-era neocon idealogues. Their contempt for the UN and all that it stands for is palpable. Replace the UN Charter? A "concert of democracies" no doubt hand-picked by such as Mr Yoo and his ilk and consisting of yes-men states who will always do whatever the US wants as long as it is our money and our troops on the line first.

Th UN was born out of the frustration of great leaders over two world wars, in hopes that it might provide contemplative solutions to international conflicts and avoid bloodshed as often as possible. That it has failed to do so is due to a failure of morality and character on the part of some of its member nations, and not the UN.

Obama may indeed fail in Libya. But there are others already urging him to deal with similar issues in Syria, Yemen, Jordan, and other places, while we still have military engagements in other nations, including the disastrous and totally unnecessary war in Iraq that has cost hundreds of billions (if not trillions) of dollars as well as thousands killed and maimed US personnel. And Mr Yoo was complicit in carrying out that abominable affair.

These two bastards should be dropped into the dustbin and ignored.

 

BSKI

11:08 AM ET

March 30, 2011

John Woo? Really?

No need to read this article. Someone who demonstrated such profound misjudgment as John Woo in the torture memos is not worth my time.

 

VERBATIM

5:02 PM ET

March 30, 2011

Good reminder

As fearful and resentful of interventions as we became after the Afghan and Iraqi debacles, this quasi-intellectual attempt to shortchange America's current involvement in Libya--whether a military intervention or not-- will serve as a good reminder that America did not start this trouble.
It seems to me that twice burnt, we are having a difficult time believing that this time the real stakeholders, Libyans, will have to sort out the outcome, including getting rid of Qaddaffi. It will be their "Mission Accomplished" or failure.
We need to understand that and perhaps John Yoo has helped, however indirectly.

 

CASSANDRAAA

5:06 PM ET

March 30, 2011

Yoo -- Who?

John Yoo? Why would anyone read what he has to say unless it is a confession to his many crimes and screw-ups.

 

SEA BIRD

8:53 PM ET

March 30, 2011

International Law

As most posting, I am utterly shocked FP should allow space for positions as extreme and irrational.

Underlying the views aired in the article is inappropriate contempt for international law in general:

"Even at this early stage of the conflict, Obama's policy has created a large gap between U.S. strategic ends and U.N.-authorized means"

This is the equivalent of saying a US citizen has chosen a course of action in a neighbourhood dispute that "creates a large gap" between the number of guns he has at home and how the law authorises him to use them.

I.e: he has chosen to only use force to defend himself and/or those innocent people who were attacked, and was right to do so because this is what the constitution allows him to do.

Likewise, the UN being the only international body entitled to pass resolution into law, means authorised by its security council and general assembly define international legitimacy of military action by any state.

Please US brothers and sisters, do not let your governments make a rogue bully out of the US. I repeat how shocked I am a medium such as the FP should allow such warmongering and illegal views to be aired.

It's immoral, and once again, it's AGAINST THE LAW. Human law.

 

NICHOLAS WIBBERLEY

9:45 PM ET

March 30, 2011

Don’t be too hard on Yoo.

To establish dialectical debate the FP must find someone to argue for the ‘other side’ The candidates can hardly have been many and Yoo has doubtless done his best. Now for the vote.

 

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10:12 PM ET

March 30, 2011

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PUBLICUS

4:02 PM ET

March 31, 2011

Well said

FP should publish all points of view, and does a fairly good job of trying to do it, so I'm not as harsh towards FP as some of the upstream forumists.

The point of view of the authors of this article are as credible as their anti-Constitutional policies during their years in the Dumbya administration. These guys have absolutely no crediblity criticizing Pres Obama - none what so ever. I couldn't get past the first page of these two henchmen. An eminently dismissable piece.

 

CAPTBOBALOU

1:18 PM ET

April 1, 2011

Waste of time and electrons

I'll take anything John Yoo has to say seriously after he's finished his first five years in a maximum security prison and has had a chance to reflect on his previous views. Until then, a paying attention is total waste of electrons and brain cells.

 

SAULPAULUS

1:43 PM ET

April 1, 2011

The American Bethmann-Hollweg

John Yoo must be the American Theobald Von Bethmann-Hollweg.

Bethmann-Hollweg was the German minister who was purported to have responded to Britain's declaration of war over Germany's violation of Belgian neutrality in August, 1914 (established by the 1839 Treaty of London) by questioning why Britain would go to war "over a scrap of paper." In a subsequent speech to the German legislature, he acknowledged the violation but essentially said that might would make right.

Yoo seems to have as little regard for international laws and norms as Bethmann-Hollweg did. He is the American Bethmann-Hollweg.

The UN is America's creation. It is the international body established at FDR's insistence as World War Two was ending. He saw the UN as a body that would promote “the cooperation of free countries, working together in a friendly, civilized society”.

The point of the UN was to prevent the wars of conquest and massive human rights violations that had been characteristic of the Axis powers' behavior before and during World War Two. It would do so by providing a diplomatic and legal forum for the nations of the world.

It is characteristic of Mr. Yoo that he regards President Obama's commitment to working through the UN on Libya as the President's greatest mistake. The rest of the world sees it differently. The rest of the world is more inclined to follow America's lead when America acknowledges the need to obtain the legitimacy for military action that only the UN, the body created by the US for precisely that purpose, can confer.

Yoo and many others may dismiss the need for such legitimization but without it, the rest of the world sees the US as an unbridled threat to world peace and security. Nations, like people, respond to threats with resistance rather than cooperation. Unilateral US action makes the world less safe, not more.

The Yoo / Bethmann-Hollweg dismissal of international legitimacy and rule of law is a recipe for world disaster and contrary to US interests. Many in the US regard China as a rogue power. When the US behaves as it did in Iraq, many around the world see the US in the same light.

The President's policy in Libya is not only giving the resistance a fighting chance, it is also improving America's standing in the world. That standing reached its nadir under President Bush thanks to the disregard for the UN's legitimacy promoted by Yoo.

 

RICHARD HARNACK

2:34 PM ET

April 2, 2011

Pardon me if I

do not accept the opinion of Yoo as having any merit given the policies he helped to create. The only reason he is not in jail is that Atty. Gen. Holder chose not to prosecute, so now Yoo can run around saying what he helped engineer was not "illegal". Being called a "failure" by such a person may become a badge of honor in that it means one may be living by principles other than expedience.

 

PUBLICUS

3:52 PM ET

April 2, 2011

Practicalities

Administrations run a great risk of prosecuting their successor administrations, so the Attorney General and higher ups decided to let Yoo and others of his ilk pass goal and not go to jail. This is a sound practical principle even if it is of dubious morality (at best). We can't have the new administration prosecuting officials of the previous administration each time a new administration takes office. It's just not a healthy or stable practice to the system of government or politics. While some of us would agree that former government official X deserves to be prosecuted, others of course would disagree, and simply introducing the practice would open the systems of government and politics to gross abuse.

Believe me, I'd love to see George Dumbya's Dick Cheney behind bars - and I suspect that George himself eventually took a shine to the thought - but it's just not a good precedent or idea. Jerry Ford spared the national embarrassment of Dick Nixon behind bars, and it probably cost Jerry the presidency in 1976, but as much as I'd love so see Nixon in an orange jump suit in the prisoner's yard, we have to ask if we really want such a thing for the United States.

 

PUBLICUS

3:57 PM ET

April 2, 2011

Oops

Obviously I meant to say of prosecuting their "predecessor" administrations. Regret the momentary inattention to diction.

 

JGCOWGI

11:58 PM ET

April 4, 2011

FP, is this what passes for journalism now?

John Yoo? Really? Were you so desperate to build controversy that you sell your journalistic soul so cheaply? True courage would have been to confront hackery like this with something akin to objective analysis. You disappoint me.