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Islamic State fighters march in Raqqa, Syria, in an undated file photo released in 2014. The U.S. has been bombing ISIS in Syria and Iraq for the past two years. A U.S. Army captain has sued President Obama, arguing the U.S. war against the extremist group is not legal because the U.S. Congress has not authorized it. Uncredited/AP hide caption

Islamic State fighters march in Raqqa, Syria, in an undated file photo released in 2014. The U.S. has been bombing ISIS in Syria and Iraq for the past two years. A U.S. Army captain has sued President Obama, arguing the U.S. war against the extremist group is not legal because the U.S. Congress has not authorized it.

The Pentagon press secretary, Peter Cook, walked into the Pentagon briefing room on the afternoon of Aug. 1 with an announcement: The U.S. had just launched airstrikes against Islamic State targets in Libya.

Reporters in the room jumped in with questions: Why now? What are the targets? What's the end goal? Finally, well into Cook's briefing, a reporter raised her hand and asked, under what legal authority were the strikes being conducted?

"Under the 2001 Authorization for the Military Force," Cook replied. "Similar to our previous airstrikes in Libya."

The press conference moved quickly on. But take a minute to wrap your head around Cook's words.

Congress passed the 2001 Authorization for Use of Military Force (AUMF) in the frantic days after the Sept. 11 attacks. It cleared both the House and the Senate with overwhelming majorities just one "No" vote between both chambers. The AUMF was designed to give President Bush the power to use force, to defend the U.S. against future attacks. It runs just 60 words:

"That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."

An expanded definition

Army Capt. Nathan Smith is suing President Obama, claiming the fight against ISIS is illegal because Congress never authorized the war. The lawsuit raises questions about the legal authority Congress gave the president immediately after the Sept. 11 attacks. U.S. Army hide caption

Army Capt. Nathan Smith is suing President Obama, claiming the fight against ISIS is illegal because Congress never authorized the war. The lawsuit raises questions about the legal authority Congress gave the president immediately after the Sept. 11 attacks.

In short, the 2001 authorization grants the president a congressional stamp-of-approval to use force against those responsible for the Sept. 11 attacks, and those who harbored them. In other words, against al-Qaida and the Taliban.

Today, a decade and a half later, the Obama administration argues that the authorization continues to apply to U.S. military actions in Afghanistan. Also, that it applies in Iraq, in Syria, and beyond including the ongoing air campaign in Libya, against ISIS a group that did not exist 15 years ago.

"Under domestic law, and international law, the United States is at war with al-Qaida, the Taliban, and their associated forces," said President Obama, in a 2013 speech at National Defense University that sought to explain the legal reasoning. "We are at war with an organization that right now would kill as many Americans as they could if we did not stop them first. So this is a just war a war waged proportionally, in last resort, and in self-defense."

Describing ISIS as an "associated force" of al-Qaida and the Taliban is controversial. Many terrorism experts call it a stretch, when ISIS and al-Qaida are now actively fighting each other in Syria and elsewhere.

The White House did try to update the authorization, sending Congress proposed new wording last year. But the effort went nowhere in Congress. Both Republicans and Democrats hated it. Some called it too broad, others not broad enough. Plus, after the 2003 Iraq invasion, casting a vote on military force carries political risk.

A captain sues the president

This is where things have stood ever since. And this is the state of affairs that an Army intelligence officer, Capt. Nathan Smith, is seeking to challenge, in a lawsuit filed in U.S. District Court for the District of Columbia. The defendant in the suit? Smith's commander in chief, Barack Obama.

Here's the backdrop: Capt. Smith is active-duty. He was deployed to Kuwait, as an Army intelligence analyst supporting the campaign against ISIS.

"He argues that he has been given an illegal order, and directed to obey an illegal order by the president," says Michael Glennon, a professor of international law at the Fletcher School at Tufts University, and one of the lawyers supporting Smith in his suit. Glennon argues that Congress never signed off on war against ISIS, and that sending troops to war without such authorization violates the War Powers Resolution. That's a law that Glennon helped draft, as a Senate lawyer back in 1973.

Glennon believes Capt. Smith is trapped: either fighting a war he believes is illegal, or risking court martial if he disobeys orders.

"He is really confronted with a Catch-22," says Glennon. The solution, Glennon says, is for lawmakers to step up and own the fight against ISIS. "That's the purpose of this lawsuit. And that's the vision of the Constitution. To hold members accountable for the decision to go to war."

Jennifer Daskal agrees. She's a former Justice Department lawyer, now a professor at American University in Washington. In an interview, Daskal said the current situation sets a dangerous precedent, by writing future presidents a blank check for war. She also believes that it ignores the intentions of the Founding Fathers.

"Congress is supposed to be declaring war, and the president is supposed to be making war," she says. "There appears to be a clear abdication of responsibility on behalf of Congress."

Will Congress act?

Some members of Congress are pushing to weigh in. Perhaps most prominent among them is Sen. Tim Kaine, the Virginia Democrat, who is now Hillary Clinton's running mate.

"The 2001 authorization passed in the days after 9/11 to enable us to go after the attack's perpetrators is badly in need of an update," said Kaine, in a Senate floor speech in 2014. Since then, he has repeatedly called on his fellow lawmakers to revisit the war authorization. It's a cause he could take to the White House, if a Clinton-Kaine ticket wins in November.

Meanwhile, here's another development to watch for this fall: a possible ruling in the lawsuit filed by Capt. Nathan Smith.

David Remes, an attorney representing Smith, told NPR that the government's latest brief to the court is due on Sept. 14. That's 15 years to the day since Congress passed the Authorization for Use of Military Force.

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Authorization for Use of Military Force, AUMF, Cited When ...

Libyan military commander Khalifa Haftar gestures as he speaks during Independence Day celebrations in Benghazi, Libya December 24, 2020. REUTERS/Esam Omran Al-Fetori/File Photo

TRIPOLI, Sept 15 (Reuters) - The Libyan National Army (LNA) of eastern-based commander Khalifa Haftar clashed with Chadian rebel forces in the south of Libya on Tuesday and Wednesday, both sides said.

The fighting underscores the risk of further instability in the Sahel region, where an array of groups operate across borders and where fighting has created space for militant organisations.

Statements from the LNA, which holds most of eastern and southern Libya, said it was engaged in military operations against what it called terrorist groups and the Chadian opposition.

The rebel group Front for Change and Concord in Chad (FACT) said via social media that its positions on the frontier had been attacked by Haftar's forces, fighting alongside what it said were Sudanese mercenaries and French troops.

The LNA said it had carried out air strikes and was conducting aerial patrols. FACT said French air strikes had hit its positions.

The French army said it had no forces on the ground or in the air in that area.

FACT had been based in Libya and fought alongside the LNA during periods of Libya's civil war, receiving heavy arms from Haftar, researchers say. read more

In April, FACT advanced into northern Chad, battling the army there. Chadian authorities said president Idriss Deby, who had ruled for 30 years, was killed in the clashes. His son has taken over as transitional president.

The LNA, which was backed in the Libyan conflict by the United Arab Emirates, Russia and Egypt, also used fighters from Sudan and Syria as well as those provided by the Russian Wagner Group, a U.N. panel of experts has said.

The UAE deployed drone strikes in support of the LNA during its foiled 14-month offensive to capture Tripoli, which ended last year. The U.S. military has said that Russia flew jets to Libya last year to support LNA operations.

Major fighting in Libya's civil war has been paused since the LNA offensive ended last year and both sides have accepted a ceasefire, an interim unity government and the idea of elections, although mercenaries remain dug in on both sides.

France intervened in the Sahel in 2013, sending forces to help fight militants in Mali, Niger, Burkina Faso and Chad, but grew impatient at political turmoil and said in July it would halve its troop numbers from the 5,000 then deployed.

Reporting by Reuters Libya Newsroom, additional reporting by John Irish in Paris and Bate Felix in Dakar, Editing by William Maclean

Our Standards: The Thomson Reuters Trust Principles.

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East Libyan forces and Chadian rebels clash in southern Libya - Reuters

A Libyan flag flutters atop the Libyan Consulate in Athens, Greece, December 6, 2019. REUTERS/Costas Baltas/File Photo

CAIRO, Sept 16 (Reuters) - Egypt and Libya's unity government signed a series of cooperation agreements and several infrastructure contracts on Thursday as Cairo eyes reconstruction opportunities in its oil-rich neighbour.

Though Libya's political prospects remain uncertain, the deals are the latest sign of Egypt's efforts to re-engage with Tripoli after years of siding with east Libya-based forces engaged in a conflict that split the country.

Libya was a major market for Egyptian firms and workers before uprisings in both countries in 2011.

The 14 memorandums of understanding, signed during a visit to Cairo by Libyan Prime Minister Abdulhamid Dbeibah, cover sectors ranging from industry and hydrocarbons to agriculture, communications, and civil aviation, according to a statement from Egypt's Cabinet.

Project contracts signed between the Libyan government and prominent Egyptian companies include a ring road around the Libyan capital Tripoli, another road leading south to Jalu from the eastern town of Ajdabiya, and the construction and supply of two gas plants.

No detail was given on the value of the contracts.

Earlier, Dbeibah met Egyptian President Abdel Fattah al-Sisi, who affirmed Egypt's desire for stability in Libya and offered support to help the country hold national elections planned for the end of the year, according to an Egyptian presidency statement.

On Tuesday, Sisi received Khalifa Haftar, the military commander based in eastern Libya who has been backed by Egypt and the United Arab Emirates but whose campaign to take Tripoli fell apart last year, as well as Agilah Saleh, the head of a parliament based in the east.

Both are seen as potential spoilers of the United Nations-backed plan to hold elections by the end of the year. Sisi called on them as well as Dbeibah to stick to the election timetable, two Egyptian intelligence sources said.

Egypt will face competition over commercial contracts in western Libya from Turkey, a regional rival which intervened militarily to help repel Haftar's forces but is now trying to mend ties with Cairo.

Reporting by Momen Saeed Atallah and Ahmed Mohamed HassanWriting by Aidan LewisEditing by Jonathan Oatis

Our Standards: The Thomson Reuters Trust Principles.

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Egypt signs flurry of deals with Libya's unity government - Reuters

Jn Kubi, Special Representative of the Secretary-General and Head of the UN Support Mission in Libya (UNSMIL) briefed ambassadors on developments ahead of presidential and parliamentary elections due to take place on 24 December.

They were agreed under a political roadmap stemming from the historic October 2020 ceasefire between Libyas rival authorities, and the establishment of a Government of National Unity (GNU) earlier this year.

Libya is at a crossroads where positive or negative outcomes are equally possible, said Mr. Kubi. With the elections there is an opportunity for Libya to movegraduallyand convincingly into a more stable, representative and civilian track.

He reported that the House of Representatives has adopted a law on the presidential election, while legislation for the parliamentary election is being finalized and could be considered and approved within the coming weeks.

Although the High National Election Commission (HNEC) has received the presidential election law, another body, the High State Council, complained that it had been adopted without consultation.

The HNEC chairman has said it will be ready to start implementation once the laws are received, and will do everything possible to meet the 24 December deadline.

Thus, it is for the High National Election Commissionto establish a clear electoral calendar to lead the country to the elections, with support of the international community, for the efforts of the Government of National Unity,all the respective authorities and institutions to deliver as free and fair, inclusive and credible elections as possible under the demanding and challenging conditions and constraints, said Mr. Kubi.

The international community could help create more conducive conditions for this by facilitating the start of a gradual withdrawal of foreign elements from Libya without delay.

The UN envoy also called for countries and regional organizations to provide electoral observers to help ensure the integrity and credibility of the process, as well as acceptance of the results.

He also welcomed progress so far, including in updating the voter registry and the launch of a register for eligible voters outside the country.

So far, more than 2.8 million Libyans have registered to vote, 40 per cent of whom are women. Additionally, more than half a million new voters will also be casting their ballots.

Most of the newly registered are under 30, a clear testament to the young generations eagerness to take part in determining the fate of their country through a democratic process. The Libyan authorities and leaders must not let them down, said Mr. Kubi.

He stressed that the international community also has a responsibility to support the positive developments in Libya, and to stand firm against attempts at derailment.

Not holding the elections could gravely deteriorate the situation in the country, could lead to division and conflict, he warned.I urge the Libyan actors to join forces and ensure inclusive, free, fair parliamentary and presidential elections, which are to be seen as the essential step in further stabilizing and uniting Libya."

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Elections represent an opportunity for stability and unity in Libya - UN News

Smoke rises after an attack on the Administrative Control Authority in Tripoli, Libya, August 31, 2021. REUTERS/Hazem Ahmed/File Photo

TRIPOLI, Sept 3 (Reuters) - Fighting broke out in Tripoli early on Friday between rival armed forces, the heaviest clashes in the Libyan capital since the conflict between eastern and western factions paused a year ago.

A resident of the Salah al-Din district in southern Tripoli said shooting began at about 2.30 a.m. and continued through the morning with medium and light weapons.

Conflict in Tripoli between the armed groups who vie to control both territory and state institutions would further undermine the prospect of December elections as part of a plan to end a decade of chaos, violence and division.

Despite a ceasefire and progress earlier this year towards a political solution to Libya's crisis, there has been no movement towards integrating its myriad armed groups into a unified national military.

The new fighting pitted the 444 Brigade against the Stabilisation Support Force, two of the main forces in Tripoli, a witness said.

The head of the Tripoli Military Zone, a structure set up to organise the various armed forces in the city during the civil war, indicated that the fighting was aimed at curbing the activities of 444 Brigade.

"What happened is to correct the brigade's deviation from its course and non-compliance with military orders," Abdulbaset Marwan said in a video statement.

The 444 Brigade told Reuters it had been "surprised by an assault by armed men" and said it was surprised at Marwan's statement.

The United Nations Libya mission called for an immediate halt in the fighting, saying it had "grave concern".

VIOLENCE

Libya is a major oil producer and though it has been able to maintain output over the past decade, disputes have sometimes shut down exports, including for months last year.

The fighting follows major clashes last month in the city of Zawiya, west of Tripoli, and smaller incidents of friction or clashes inside the capital including a gunfight this week at a state institution.

In eastern Libya, controlled by Khalifa Haftar's Libyan National Army (LNA), there have also been shootings and other incidents of violence in recent months.

Libya has had little peace since the 2011 NATO-backed uprising that overthrew longtime dictator Muammar Gaddafi, and it divided in 2014 between warring eastern and western factions.

However, they agreed a ceasefire last year and a new unity government that both sides backed was installed in March to prepare for national elections in December, moves seen as the best chance for peace in years.

The Tripoli-based unity government has however struggled to unify state institutions or prepare for elections, with the eastern-based parliament rejecting its budget and failing to agree a constitutional basis for a vote.

Political factions have squabbled repeatedly over the role and powers of the interim government as well as over the control of state institutions and the public purse.

Wolfram Lacher, of the German thinktank SWP, said that although there was the possibility of further escalation, a mediated solution was likely to resolve the fighting in the short term.

However, "similar clashes are bound to recur in Tripoli and elsewhere", he added.

Reporting by Ahmed Elumami in Tripoli and Hani Amara in Istanbul, writing by Angus McDowall, editing by Mark Heinrich, William Maclean

Our Standards: The Thomson Reuters Trust Principles.

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Worst Tripoli fighting in a year shows limits of Libya peace push - Reuters