Congressional Authorization to Send Troops Abroad: When and Why the Government Skipped It

Conflicting broad interpretations of the National Defense Act have led to executive military decisions without prior parliamentary approval

Ukrainian War

Congressional Authorization to Send Troops Abroad: When and Why the Government Let It Go

Extensive interpretations of the National Defense Act have led to military decisions by the government without advance parliamentary approval

From your perspective, Article 17 of the Law on the Organization of Defense could not be clearer and at the same time more vague. The statement reads: "For operations abroad not directly related to the defense of Spain or national interests, the government will carry out prior consultations and obtain approval from the House of Representatives."All Spanish governments that decide to deploy military operations abroad claim to have complied with their authority... According to their understanding, it is "directly linked to Spain's defense or national interests".

Participation in the future Multinational Force for Ukraine, and the MNF-U which is supported in Europe, is not related to the defense of the Spanish territory, but has a lot to do with the interests of Spain.It is a complete and dangerous message that Pedro Sánchez, when he returned from his meeting with the Coalition of Volunteers on January 6, announced that he would organize parliamentary rights.The first step: a meeting this Monday in Moncloa with the leader of the PP, Alberto Núñez Feijóo, will be required.

Other conditions, such as Spain's participation in NATO Mysies - this country is actively one of the European Eastern Plain, Constreet did not pass ... The European Margarita Roels has claimed before that things are Insued in the defense of Spain, connected lands and discontent.

In the history of the deployment of Spanish troops, there are no shortage of other cases of executive decisions to transfer troops abroad without surrendering Cortes.These four stand out.

Withdraw troops from Iraq

On April 18, 2004, the day after taking office, then-new President José Luis Rodríguez Zapatero announced that he would fulfill his election promise to withdraw Spanish troops from the Iraq war.

This action was taken in the Council of Ministers without the prior approval of the Congress.The People's Party protested that an international mission of Spain that had previously been authorized had been replaced.However, the government's decision to send troops to the Gulf War in 2003 - after a summit between President Aznar of North America George Bush and Britain's Tony Blair - was not even approved by Congress, only debated.

The Lower House finally approved the withdrawal in May 2004, when it had already begun and was about to end.At that time, the sections of the National Defense Act that required parliamentary approval did not exist.

The halibut war.

On March 9, 1995, the Canadian Navy ship Cape Rogers shot and boarded the fishing vessel Etsai Galician and other Spanish American vessels in international waters of the North Atlantic, accusing them of violating Canada's unique maritime zone and destroying marine fauna in the Newfoundland fishing coast with illegal no.

Canadian authorities arrested the Estine's crew and confiscated 200 tons of halibut.Spain accused Canada of piracy and asked the European Union for support.Meanwhile, the Spanish government ordered the tall ship Sentinel to sail to the area, then to Atalaya and then to Vigea.

The current Law of National Defense did not exist, nor, therefore, its article 17. The last government of Felipe González decided that these naval units would sail without asking permission from Congress and with the use of the ministers Julián García Vargas (Defense) and Javier Solana (Foreign Affairs).In subsequent debates, the halibut case was used by the Socialists and the Popular to justify external military initiatives without debate, for reasons of urgency and protecting the security of Spain, considering fishing vessels outside territorial waters inherent to that need.

Evacuations in Afghanistan

After 20 years of Afghanistan, the terrible persecution of the United States led to the immediate evacuation of all allies and the Pentagon, and immediately prepared to evacuate Spanish citizens and collaborators of the Spanish and European missions in this country.All this happened in the yearIt's August 2021.Kabul fell to the Taliban and the air force and special forces of the army and police assembled to evacuate 2,150 people there.

The government did not seek congressional approval for the mission, which in military terms is called a NEO (Non-Combat Evacuation Operation or Rescue of Non-Combat Personnel).The defense cited Article 17 Section 2 of the National Defense Act.That clause authorizes the military mission in emergency situations or when a quick response is required.The PPP has complained of disrespect to the Congress in the statements of various leaders.

Heading to Gaza with the flotilla

This is a very recent case.Last October, Defense ordered the navy to send a maritime action ship (a high-altitude patrol vessel) to support the ships, which joined a flotilla of workers in Barcelona headed to aid the Gaza population.

Furor's crew had no orders to engage Israeli or other forces, but only to attend and assist shipwrecked or injured persons if they occurred.But it is a battleship.

The government of Sánchez did not bring the measure to Congress with a broad interpretation of the law.In other words, it was not military and did not require approval from the majority of Congress.The opposition saw it as a foreign war - incompatible with the defense of Spain and, therefore, according to Article 17.

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