Why or Why
Not President Obama was authorized to put the hit on Osama Bin Laden
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The killing of Osama, under
President Obama's order, was triggered by the 9/11 event, where a series of
airline attacks led to the death of approximately 3 000 Americans (Ouellet et
al., 2017). The attack was conducted by the Al-Qaeda terrorist group led by
Osama. From this incident, the American government committed to enhancing
security in its borders and counter-terrorism within and outside America by
dismantling terrorist groups. The leader of the terrorist group, Osama, was
shot dead at his underground home in Pakistan. However, President Osama did not
seek authorization to put the hit on Osama but consulted four lawyers to offer
legal advice.
After the 9/11 attack, the
united states of America discovered that Al-Qaeda was behind the massive
destruction and joined forces with other nations to disconnect the group's
network and dismantle the group to mitigate future attacks. However, Osama had been
escaping across countries where he was killed in an underground settlement in
Pakistan. Although the world was happy, especially the people who lost their
family members during the attack, Obama was not authorized to accomplish the
attack. However, in his speech after Osama's death, Obama stated that the move
indicated their success in their military efforts to counter terrorism and
uphold security as they had spent ten years trying to detain Osama in vain
(Jose, 2017). Most Americans and the world were impressed by the Americans'
effort to dismantle the group, as it could have planned more attacks on the US
and other nations. Despite not being officially authorized, as Obama feared
that the criminal would escape, it was clear that the US government was officially
on a mission to end terrorism following the attack to console the victims of
the 9/11 attack (Savage, 2015). Thus, although Obama was not authorized to
order the military to kill Osama, he stated that it was for the nation's good
as it was a way of dismantling and disrupting the Al-Qaeda group, which had
been conducting mass killings of innocent people.
However, before ordering the
raid on Osama in his compound in Pakistan in 2011, Obama sought legal advice
from four lawyers who established rationales for overcoming possible legal
questions about the action. They all agreed that since Osama had been highly
fugitive, the only option to dismantle the group was to kill him, as capturing
him would give him a chance to plot an escape (Savage, 2015). Therefore,
although Obama did not seek authorization, the team of lawyers helped in
justifying his actions. The team also analyzed the legal repercussions of
ordering a raid on Pakistan land without the government's consent, authorizing
a lethal mission, and burying the victim in an unknown place at sea. The
lawyers concluded that under international and US law, there was an
authorization for authorizing lethal missions. They also supported their
argument by stating that although President Obama was bound to obey US law, he
could go against International law in case of ordering "covert"
action (Savage, 2015). In addition, it was illegal for Obama to fail to notify
the Pakistani government of his plans to attack Osama. However, the team
concluded that it was justifiable for the government to decide solely after
identifying Osama's settlement as the inclusion of the Pakistan government
would create tension, giving Osama time to flee. Therefore, although Obama was
not authorized to order the Navy SEAl team to kill Osama, he consulted a team
of lawyers who helped make the decision.
Furthermore, ordering a raid
on Osama was justifiable as killing him limited the groups planning skills to
execute more attacks which could lead to the death of innocent citizens. Also,
if he were to be captured and follow the criminal justice system procedures,
the probability of being executed would be high (Jose, 2017). However,
according to the bill of rights, each human has a right to live. Considering
that Osama was not armed, it could be argued that he should have been detained
for trial rather than killed and burying him undersea without Pakistan's
authorization. Also, Obama did not notify congress and conducted the attack
secretly (Jose, 2017). Therefore, although the lawyers' efforts to justify the
President's decision could indicate that the move was legally authorized, there
still exists a debate on why the right criminal justice system procedure was
not used despite Osama being unarmed.
The death of Osama bin Laden
was attributed to the 9/11 attack. However, President Osama did not seek
authorization to put the hit on Osama but consulted four lawyers to offer legal
advice. The lawyers concluded that capturing Osama would give him time to plan
his escape and would not dismantle the group. Also, seeking authorization by
informing congress and the Pakistan government could create tension, making him
flee to another location. Therefore, the only option the lawyers made was to
order to kill him to limit the group's power to plan and execute more attacks.
However, there are debates following the killing regarding Obama's intrusion
into Pakistan's land to commit a lethal mission and violation of the right to
life.
References
Jose,
B. (2017). Bin Laden’s targeted killing and emerging norms. Critical Studies
on Terrorism, 10(1), 44–66. doi.org/10.1080/17539153.2016.1221662
Ouellet,
M., Bouchard, M., & Hart, M. (2017). Criminal collaboration and risk: The
drivers of Al Qaeda’s network structure before and after 9/11. Social
Networks, 51, 171–177. doi.org/10.1016/j.socnet.2017.01.005
Savage,
C. (2015, October 29). How 4 federal lawyers paved the way to kill Osama Bin
Laden (published 2015). Google.google.com/amp/s/www.nytimes.com/2015/10/29/us/politics/obama-legal-authorization-osama-bin-laden-raid.amp.html