But while it has provided funds for military operations against the Islamic State, it has never explicitly authorized combat or detention operations against it. Nevertheless, in 2015, the Obama administration asked Congress to enact an authorization for use of military force against the Islamic State. Congress has continued to give no sign that it has the will or the consensus to explicitly authorize war on the Islamic State. Last year, an army captain sued Mr. Obama, arguing that the war was illegal because Congress had not authorized it. But any Islamic State detainee at Guantánamo would have legal standing to get a court to rule on the question of whether the group is legitimately part of the war against Al Qaeda.

Source: New York Times February 08, 2017 14:46 UTC