Wrestling with the WPR Clock Issue Raised by Libya: A Primer
I've written a relatively brief primer on the application of the War Powers Resolution "clock" to Operation Unified Protector (i.e., the war in Libya), and have posted it at Brookings. After detailed consideration of the arguments that the Administration has made (or that it might have had in mind), some of which are more plausible than is widely assumed, I conclude that the better view is that the WPR clock does apply in this circumstance (note that I do not address whether the clock's dead-hand control mechan
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I've written a relatively brief primer on the application of the War Powers Resolution "clock" to Operation Unified Protector (i.e., the war in Libya), and have posted it at Brookings. After detailed consideration of the arguments that the Administration has made (or that it might have had in mind), some of which are more plausible than is widely assumed, I conclude that the better view is that the WPR clock does apply in this circumstance (note that I do not address whether the clock's dead-hand control mechanism obliging withdrawal upon the clock's expiration is constitutional or wise).
Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
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