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Date:  Sun, 2 May 1999 16:46:47 +0900
From: Hendrik
To: Multiple recipients of NETSOURCE-L <netsource-l@mail.think.service>
Subject:  [NS] Voices on NATO's engagement in Yugoslavia (2)

Thursday, April 29, 1999

Last Night's House Vote Makes It Official: THE BOMBING OF YUGOSLAVIA IS ILLEGAL

JULES LOBEL <lobel@law.pitt.SPAMTRAP.edu>
Professor of Constitutional and International Law at the University of

Attorney, Center for Constitutional Rights

Lobel and Ratner have litigated numerous cases challenging illegal wars
including Dellums v. Bush, the case that forced President Bush to obtain
congressional authority for the Gulf War in 1991. In a joint statement
released today, they said: "In a remarkable vote against the war in
Yugoslavia, the House of Representatives, by a vote of 213 to 213, failed
to give the President the constitutionally required authorization he needed
to carry on the air war against Yugoslavia. The Constitution grants
Congress the sole power to declare war. It must give its affirmative
assent. It did not do so. Contrary to the President's statement that he
will continue this war, he has no authority to do so. It would be a
remarkable act of executive hubris and illegal as well to continue the
bombing. It is a serious subversion of our constitutional structure (and is
impeachable). His only option is to end the aerial bombardment and
negotiate a peaceful solution."

Relevant legal citations:

U.S. Constitution: Article I, Section 8. "The Congress shall have power
to... declare war..."

The War Powers Resolution, 50 U.S.C.A. Sections 1541-1548. Section 2(c):
"The constitutional powers of the President as Commander-in-Chief to
introduce United States Armed Forces into hostilities, or into situations
where imminent involvement in hostilities is clearly indicated by the
circumstances, are exercised only pursuant to (1) a declaration of war, (2)
specific statutory authorization, or (3) a national emergency created by
attack upon the United States, its territories or possessions, or its armed

For more information, contact at the Institute for Public Accuracy:
Sam Husseini, (202) 347-0020; David Zupan, (541) 484-9167


Institute for Public Accuracy
915 National Press Building, Washington, D.C. 20045
Tel. (202) 347-0020
URL: http://www.accuracy.org
E-Mail: <ipa@accuracy.SPAMTRAP.org>


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