Published for http://shadow.foreignpolicy.com/, March 8, 2012
Secretary of Defense Panetta is taking flack from Andrew McCarthy for his response to Senator Graham about the conditions under which the Obama administration would use military force. Graham was trying to pin Panetta down as to whether the Obama administration considers international authorization from the U.N. or other multilateral institution to be necessary — and, in particular, whether similar authorization from Congress is not necessary.
Concerns about a hypothetical use of military force in Syria motivated the question, but it was the anything-but-hypothetical experience of Libya that framed it. In the Libyan operation, the Obama administration clearly demonstrated that they would not intervene militarily until they received the international cover of authorization from some combination of the U.N., NATO, and the Arab League. However, the Obama administration just as clearly demonstrated that they were willing to act without similar authorization from Congress. To many in Congress, this seemed to privilege international institutions above the U.S. Constitution and the constitutional role for Congress.
McCarthy does a good job of clearing the uncontroversial underbrush away from the controversial heart of the matter. Panetta tried to deflect the tough questions by answering easy ones, repeatedly reemphasizing two uncontroversial claims: (a) in an emergency the president has the authority to act without any further authorization and (2) whenever the U.S. acts militarily, it is better to have multilateral support for the effort. Panetta did not say, but could have, that getting such support from our allies usually requires the authorization of at least NATO and, usually, a U.N. Security Council Resolution; even if the United States did not require it, our allies would require it, so if we want the allies we have to work through those multilateral institutions.
















