Introduction
It has been quite a long time since the American authorities announced the elimination of terrorist number one. However, the controversy over this event does not subside and still exists. Many still question the legality of the operation called the Neptune Spear. The primary justification for the legality of the elimination of Osama bin Laden is the fact that the terrorist was in a state of war with the United States, which he proclaimed and it was an act of self-defense.
The international approval of eliminating the number one terrorist Osama bin Laden by the American Special Forces highlights the contradiction between the norms of international law and the state laws of the leading countries. Depending on the formulation of the international consensus on the legality of this murder, one can expect either an expansion of the State’s capacity for extrajudicial violence in national laws or a discrediting of international law.
Operation Spear of Neptune was a turning point in the global war of the world against terrorism, and many people were glad that justice had overtaken one of the masterminds of international terrorism. The negative consequence of the operation was the deterioration of relations between the United States and Pakistan, which were once in an atmosphere of unity in the face of global terrorism. Pakistan accused the Americans of violating their sovereignty, considering their actions as an invasion of their territory.
Neptune Spear
Operation Neptune Spear is a raid to eliminate the leader of al-Qaeda, Osama bin Laden. Officially, it was considered a secret operation of the US Central Intelligence Agency. After the CIA received information about bin Laden’s whereabouts, there was no unity in the country’s leadership on the question of how to eliminate the terrorist. The initial plan to launch a bombing attack using bombers was rejected in order to minimize possible civilian casualties. As a result, it was decided to send special forces to Pakistan to destroy the terrorist.
US President Barack Obama and the president’s team watched the storming of the mansion from live cameras in the Situation Room of the White House. According to the developed plan, two modernized Black Hawk attack helicopters were supposed to deliver fighters to bin Laden’s hiding place. However, the operation did not go according to plan. Osama bin Laden was killed by two shots fired by one of the American Special Forces. Shortly after, bin Laden’s body was buried in the sea and the ceremony was held in accordance with Muslim customs.
Bias toward the Killing of ben Laden
The killing of bin Laden by the US military saved the US from a number of legal problems that would have arisen if it was necessary to start a trial of a terrorist. The terrorist was killed in a covert raid by special operations forces (Walsh, 2018). Before the trial could start, the American authorities would have to prove the legality of the Special Force’s operation on the territory of a sovereign country in the international legal aspect. Jose emphasizes that “targeted killings which occurred before bin Laden’s faced strong condemnation as violations of international law, yet bin Laden’s targeted killing and the many that have followed it have faced less opposition” (2017, p. 1). As a result, the US military’s disregard and neglect of the law of Pakistan is disrespect for the country’s sovereignty, which is prohibited by international law.
Moreover, Osama bin Laden’s responsibility for terrorist acts has not been confirmed in any court. Accordingly, the terrorist was not given a death sentence, which was carried out by the American Special Forces after killing bin, Laden. US Attorney General Eric Holder assured that the operation was in keeping with both “U.S. law and values” (Thobani, 2018). Thus, the legality of such a murder raises several questions. The very fact that bin Laden was recognized as the number one terrorist ignored such fundamental legal principles as the presumption of innocence and the right to a fair trial.
The Legality of the Neptune Spear
The operation of Neptune Spear is complicated not only by international laws but also by domestic American laws. The country has a 1976 order that prohibits the commission of murders by US special services. Presidents Ford, Carter, and Reagan have consistently improved the document prohibiting the planning and carrying out of political assassinations in any form. However, in the case of bin Laden, this ban theoretically makes it possible to circumvent the concept that, according to national legislation, the use of military actions to strike specific hostile leaders in self-defense or armed conflict is legal and cannot be considered murder.
The US government admitted that the task of the Special Forces was to shoot or capture bin Laden and this fact indirectly confirms the formality of using the term self-defense. According to the authorized representatives, the group of Special Forces had no reason to believe that the terrorist would surrender. In addition, one of the justifications for the elimination of Osama bin Laden could be the suspicion that the terrorist may be wearing a Shahid belt. The Shahid belt is often used during terrorist attacks using an explosive charge placed in a special belt for suicidal attacks (Grocki & Zakrent, 2019). The main argument in favor of this version is the long-standing oral assurances of bin Laden himself not to surrender alive for anything.
Despite doubts about the killing of bin Laden, the legality of the actions of the American government is easily justified. Therefore, John Bellinger III, a leading lawyer at the US State Department from 2005 to 2009, refers to the 2001 Congressional authorization for armed force against al Qaeda (Joseph, 2019). John Rasdan, deputy adviser on legal issues of the CIA from 2002 to 2004, considered the operation an act of self-defense, according to the parliamentary act of 2001, and following the US Constitution. Many considered the operation to eliminate bin Laden legitimate in view of the fact that it was carried out in self-defense against a military goal that is such by law. Thus, the operation Spear of Neptune to get rid of the terrorist Osman bin Laden can be considered legal and lawful.
Conclusion
Despite all the questions about the operation, the Spear of Neptune, perhaps, became the most special counter-terrorism operation of the United States. This operation remains a model for imitation worldwide, for other Special Forces units and counter-terrorism forces. This is an example of tracking down and hunting for the leader of a terrorist organization. Although the operation was successful and led to the elimination of the founder of Al-Qaeda, there is still a question of its legality. The proof of the legality of the operation of the American authorities is that it can be considered an act of self-defense in a state of war of the United States against the number one terrorist Osama bin Laden.
References
Grocki, R., & Zakrent, S. (2019). Analysis of the vulnerability of chosen object in the area urbanised for the terrorist attack. Decisions in Situations of Endangerment, 122.
Jose, B. (2017). Bin Laden’s targeted killing and emerging norms. Critical Studies on Terrorism, 10(1), 44-66. Web.
Joseph, N. (2019). ISIS under the 2001 AUMF: Does ISIS satisfy the government’s two-prong test of “Associated Forces”?. Law School Student Scholarship. Web.
Thobani, S. (2018). 25. Fighting Terror: Race, Sex, and the Monstrosity of Islam. At the Limits of Justice, 472-496. Web.
Walsh, J. I. (2018). The rise of targeted killing. Journal of Strategic Studies, 41(1-2), 143-159. Web.