Operation Geronimo: a Justified Use of Force in Self-defense

Introduction

President Obama had the legal authority to execute Operation Geronimo. As the head of Al-Qaeda, Osama Bin Laden was a global threat to all humanity. The acts carried out by the Seal Team were legally justified and met the burden of proof to satisfy: 1) the doctrine of Jud Ad Bellum, 2) the international border operation without that nations knowledge or consent of the operation, and 3) the doctrine of Jus in Bello. The United States and Al- Qaeda have been in a constant foreign conflict, which was fueled by the 9/11 attacks on the World Trade Center and Pentagon, resulting in the murder of thousands of innocent American lives. This essay provides a detailed analysis of how Operation Geronimo was legally justified and met the burden of proof to satisfy the doctrines of Jud Ad Bellum and Jus in Bello, as well as the international requirements for using force in self-defense, making it a highly significant and justifiable operation in response to the attacks on 9/11.

Operation Geronimo

The doctrine of Jud Ad Bellum allows a nation to justifiably use force internationally if it is in “1) self-defense following an armed attack or 2) expressly permitted by the United Nations” (Hodgin, S.L, 2014, p.6). The attack on 9/11 against the United States was sufficient evidence to satisfy the first prong. The Al Qaeda organization has continuously plotted attacks and bombings against the United States and other nations. Their hostile, destructive, and deadly nature is inherent in their beliefs, and Operation Geronimo was necessary in ending Osama Bin Laden’s terrorist regime for the good of all mankind and to prevent additional murders like the ones committed on that fateful day of 9/11. Even if one were to argue that Operation Geronimo transpired ten years after 9/11 and is not close enough in proximity to the initial armed attack, the point is moot because Osama Bin Laden was a constant threat after 9/11, and Al-Qaeda carried out additional plots and bombings against our nation throughout the entire time it took to finally capture and kill him.

Operation Geronimo took place on Pakistani soil without their government’s knowledge or cooperation. Article 51 of the United Nations Charter states that “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security” (https://www.un.org). Osama Bin Laden hid in Pakistan for years before his death, and Pakistan had a history with the United States of alerting potential terror targets that the United States would try to capture. The success of this operation, and prevention of further mass American casualties, was dependent on Pakistan having no knowledge of the operation. Despite arguments to the contrary, the United States’ right to defend itself trumped any diplomatic regulations and levels of courtesy that may typically be extended when entering an ally’s land to capture a target.

In addition to meeting the legal requirements required for the force that was used, Operation Geronimo also complied with the international requirements for using that force in self-defense: 1) necessity, 2) proportionality 3) distinction and 4) humanity. Legality of Targeted Killing Program under International Law. (2019, October 31), paras 14-17. Killing Osama Bin Laden was necessary in response to his attacks on the United States on 9/11, because if his life was not taken, the extremism that was mounting from Al-Qaeda could have caused even far greater damage than what was caused from 9/11. The attack on Osama Bin Laden was proportional, because only five people were killed during this operation, which was thousands fewer than the amount of people who perished on 9/11, and countless lives were saved by his death. The third criteria require states to distinguish between civilians and enemies, and to avoid any civilian collateral damage while using force in self-defense, which was clearly met in this operation. Lastly, the rule for humanity is to avoid suffering and reduce the amount of death required to achieve the objective, which was demonstrated by the deaths of only five terrorists and zero civilians.

Conclusion

In conclusion, not only was Operation Geronimo morally justified in response to the attacks on 9/11, but it was legally justified according to both state and international laws. Every requirement was sufficiently met to demonstrate the legality of this operation. The death of Osama Bin Laden was a global victory that prevented the loss of countless innocent lives at the hands of his extremist organization.

References

1. Dunlap, C. (2019, February 01). Yes, the raid that killed Osama Bin Laden was lawful. Retrieved November 21, 2020, from https://sites.duke.edu/lawfire/2019/01/31/yes-the-raid-that-killed-osama-bin-laden-was-lawful/
2. Hodgin, S.L. (2014). Killing Osama Bin Laden: Legal and Necessary. Widener Law Review Delaware Law: Widener University. https://widenerlawreview.org/files/2014/09/3-Hodgin.pdf
3. International law, codification, legal affairs, legal, committee, Terrorism, charter, criminal accountability, administration of justice, jurisdictional immunities, cloning, safety of United Nations and associated personnel, ad hoc, Diplomatic Conferences, Reports of International Arbitral Awards, Summaries of International Court of Justice Judgments and Advisory Opinions, Legislative Series, Juridical Yearbook, Repertory of Practice of United Nations Organs, Books (n.d.). Retrieved November 21, 2020, from https://legal.un.org/repertory/art51.shtml
4. Legality of Targeted Killing Program under International Law. (2019, October 31). Retrieved November 21, 2020 https://www.lawfareblog.com/legality-targeted-killing-program-under-international-law
5. Wpengine. (2014, November 14). The Legality of Killing Osama bin Laden. Retrieved November 21, 2020, from https://harvardnsj.org/2011/05/the-legality-of-killing-osama-bin-laden/