Presidential Authority
The consequences of the bombings on the 11th of September, 2001, have had a profound impact on the way the world perceives terrorism. After the attack, the government of the United States declared the necessity of opposition to the global militant groups, such as Al-Qaeda. That is why, on April 29, 2011, President Obama has initiated the operation Geronimo the main objective of which was to assassinate Osama bin Laden. Nevertheless, some critics stated that the President did not have the legal power to authorize such an attack in a foreign country. Contrary to this perspective, the current essay demonstrates why it was necessary to implement operation Geronimo (or Neptune Spear) and showcases the legal authority behind it.
Legislation of the United States
First of all, after the terrorist attacks on the 11th of September, 2001, the United States Congress has published a resolution under the title of Authorization for Use of Military Force (AUMF). In the text, the following was stated, “the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States” (United States Congress, 2001). The mentioned resolution was widely supported by the members of Congress and was criticized by only one representative out of 431 voters. Therefore, from the legal perspective of the United States, President Obama had the right to initiate operation Geronimo.
International Legislation
Secondly, the operation was executed in agreement with international legislation, such as Geneva Conventions. According to Eric Holder (2011), Osama bin Laden was given a chance to surrender but denied the demand to yield. Attorney General also mentioned, “the operation in which Osama bin Laden was killed was lawful. He was the head of Al Qaida, <…> He admitted his involvement” (41). Therefore, having acknowledged the participation in the terrorist act and the refusal to surrender, the American army was legally authorized by the international legislation to eliminate the leader of Al-Qaeda. The justification of the operation might have been disputed if bin Laden surrendered or was incapable of making adequate decisions during the time of operation. However, there is no sufficient evidence to prove that the leader of Al-Qaeda was either unconscious or incapacitated during the mission.
Minimizing the Risks
Lastly, the operation was thoroughly prepared with accuracy in every detail concerning both the execution and its consequences. Firstly, the aim of the mission was only to eliminate bin Laden. The assassination of the leadership representatives in global militant groups has proved to be effective in resistance to terrorism (Fisher & Becker, 2019). Eliminating only the head of the extremist organization allows to quickly resolve the conflict and avoid unnecessary casualties. As stated in the case study, President Obama also chose the method of a raid strike instead of bombing, so that innocent people would not be accidentally killed. Furthermore, it would provide sufficient evidence that bin Laden was eliminated during the operation. Finally, the elite SEAL Team six was chosen as a military force for the mission to minimize the number of casualties from both sides. Ultimately, alongside the legal authorization, the operation was thoroughly prepared to reduce the risks and the amount of victims, and, therefore, morally justified.
Conclusion
Summing up, the current essay demonstrates why Obama authorized the assassination of bin Laden and why the operation was justified in terms of legality. From the perspective of both the American and international systems of legislation, the mission did not contradict any laws or restrictions. AUMF allows the usage of military force as an instrument of national self-defense, and Geneva Conventions permit the elimination of the terrorist figures in case they do not surrender. Therefore, operation Geronimo against the Al-Qaeda group was justified in terms of legality.
References
Fisher, D. & Becker, M. H. (2019). The heterogeneous repercussions of killing Osama bin Laden on global terrorism patterns. European Journal of Criminology, 00(0), 1-24
Holder, E. (2011). “Transcript of Senate Judiciary Committee Hearing on Justice Department Oversight”.
United States Congress. (2001). “Joint Resolution to authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States”.