The Legality of Operation Geronimo Essay Example

On April 29, 2011 an authorized mission, known as Operation Geronimo, led to the successful killing of Osama bin Laden. This mission was authorized by non-other than our former President, Barrack Obama. President Obama had intel on the whereabouts of Osama bin Laden for months with the possibility of authorizing a kill or capture mission. Timing fell into place; the trigger was pulled by President Obama and the mission went underway. American Special Operation Forces killed the extremist and ended the long-awaited search of the Al Qaeda terrorist. Finally, the man responsible for the September 11 attacks was brought to justice and Americans and many other nations of the world celebrated. Even though it seemed justified and morally correct that this mission was carried out to kill one of America’s most dangerous enemies there were still questions on the legality of Operation Geronimo. This paper will explain that President Obama had the legal authority to order Operation Geronimo and to execute the plan.

First, we must understand what international law permits justification of Operation Geronimo. To begin with, the operation took place in the country of Pakistan, an ally to the United States of America and part of the United Nations. This without the prior approval or knowledge of any Pakistani officials. “Some have argued, including Pakistan’s former president Pervez Musharraf, that this violates Article 2(4) of the U.N. Charter, as a “use of force” that violates member-state Pakistan’s “territorial integrity.” (Pezzi, 2011). However legal support is justified through Chapter VII: Article 51 of the U.N., which states countries under the U.N. have legal authority of the right of Self Defense from an aggressor (U.N., 2016). The man hunt and eventual kill or capture mission for bin Ladin was in justification of that international law. Bin Ladin was still widely deemed a great threat to our national security and allies. Evidence collected after the fact from the mission points out that this was in fact the case. Trusting and alerting Pakistan officials of the plans would have been detrimental. to mission success. President Obama’s authority of the operation was within the confines of international law.

Other than international law President Obama had to also go through the U.S. domestic law for authorization. U.S. Domestic Law simply goes through the congress enacted authorization to use military force act of September 18th, 2001, which states “Under our constitutional scheme, the President could direct the National Command Authority to use armed force against Al Qaeda, including Bin Laden and others” (Walls, 2013). This refutes those who would say that the authorized bin Ladin raid was an assassination. 

The targeting of Osama bin Ladin through the Law of Armed Conflict was warranted anytime and anywhere. “Consequently, the best view of the law today is that non-state terrorists who are members of organized armed groups engaged in continuous combat operations (in a conflict of sufficient scope and intensity to trigger LOAC applicability) are lawfully subject to targeting, just as members of traditional militaries are. “(Dunlap, 2019) With bin Ladin, a leader of Al Qaeda, attacking the U.S through terrorism on September 11, 2001, subjugates him and his terrorist group to targeted attacks from United States of America’s military and Her allies. No different as if we were trying to kill or capture and enemy commander from opposing recognized nation. For Example, The U.S. Airforce shot down and aircraft that killed Admiral Yamamoto of the Japanese in World War 2.

With Authority you can delegate the tasking but, not all the responsibility. President Obama is still responsible for the actions on the ground that killed Osama bin Ladin. “Some people also questioned the need for the raiders to kill Bin Laden, charging that he was hors de combat as a result of his being shot” (Dunlap, 2019) Per reports Osama had no characteristics of surrendering and weapons were close by. Providing a justification for the assaulters were acting in self-defense. Other causalities such as Osama bin Ladin’s wife was considered collateral damage.

In conclusion, Osama bin Laden was responsible for the terrorist attacks on September 11, 2001. Which initiated congress to present Authorization to Use Military Force act to go after and hunt down the terrorists that attacked our country. Ultimately, with power invested from Congress it led to the kill or capture mission authorized by former President Obama after he received intel on the whereabouts of the hidden location of the Al Qaeda leader. With great power and authority to carry out missions such as this comes with questions on legality. Through the rules of law being followed both internationally and domestically President Obama made a well informed and brave decision. This paper showed answers to these questions to support the argument that President Obama had the legal authority to order Operation Geronimo and to execute the plan.

References:

Pezzi, S. M. (2011, May 16). The Legality of Killing Osama Bin Laden. Harvardnsj.Org. https://harvardnsj.org/2011/05/the-legality-of-killing-osama-bin-laden/

Walls, M. (2013, April 19). Legal Arithmetic: Adding up the Legality of Operation Geronimo. Institute for Security Policy and Law. https://securitypolicylaw.syr.edu/legal-arithmetic-adding-up-the-legality-of-operation-geronimo/

Chapter VII: Article 51 — Charter of the United Nations — Repertory of Practice of United Nations Organs — Codification Division Publications. (2016, August 23). Repertory of Practice of United Nations Organs. https://legal.un.org/repertory/art51.shtml

Dunlap, J. C. D. (2019, February 1). Yes, the raid that killed Osama Bin Laden was lawful. Lawfire. https://sites.duke.edu/lawfire/2019/01/31/yes-the-raid-that-killed-osama-bin-laden-was-lawful/