United States provides military support to French operations against militants in Mali.

AuthorCrook, John R.

The African nation of Mali has been in turmoil since a military coup in March 2012 overthrew its democratically elected government. (1) In the ensuing months, Islamist militias joined rebellious Tuareg tribesmen in taking control of the country's largely desert northern regions. The Islamists imposed strict Sharia law on residents of the region, destroyed Sufi tombs and other cultural monuments, and embraced support from Al Qaeda in the Islamic Maghreb as well as other militant Islamist groups. In December 2012, the UN Security Council unanimously adopted Resolution 2085 (2) authorizing West African states to deploy "an African-led International Support Mission" (3) to assist Mali's army in driving out the Islamists. However, many details regarding financing and other aspects of this force are unresolved, and it is not expected to mount operations for many months. (4)

In the face of a successful Islamist advance into central Mali in January 2013, France, the former colonial power, committed air and ground forces in support of Mali's army, and French forces engaged in ground combat against the militants. (5) The government of France requested surveillance, intelligence, and logistical support from the United States, including aerial refueling and airlift. (6) The French requests posed issues of both domestic and international law for the United States, prompting then Secretary of Defense Leon Panetta to observe that "every time I turn around, I face a group of lawyers.... Lawyers have to review these issues to make sure they feel comfortable that we have the legal basis for what we're being asked to do. And I understand the need for that." (7)

U.S. law required most assistance to Mali to be suspended following the 2012 coup, although humanitarian assistance and other limited assistance continued. (8) Section 7008 of the FY2012 Consolidated Appropriations Act, carried forward under the Fiscal Year 2013 Continuing Resolution, provides:

None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'etat or decree or, after the date of enactment of this Act, a coup d'etat or decree in which the military plays a decisive role: Provided, That assistance may be resumed to such government if the President determines and certifies to the...

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