Killing of Osama bin Laden
On May 1-2, 2011, United States forces, flying from Bagram Airport in Afghanistan, entered Pakistani territory, and raided the compound, in Abbotabad, of Osama bin Laden. It is agreed that bin Laden was shot and killed by United States Navy SEALs in the assault force. While not all details of the raid are known, several issues are involved from a legal and political standpoint:
- Was the entry into Pakistan, a sovereign state, legally justified?
- Was it legal to kill rather than capture bin Laden?
Issues of sovereignty
While Pakistani Prime Minister Yousef Raza Gilani gave a speech condemning the invasion of Pakistani sovereignty, the The Guardian[1] said that a prior agreement existed between Pakistan and the US, in which Pakistan would make public condemnations but no serious objection. Juan Cole described a broader set of agreements than the Guardian. [2]
A key issue is whether the U.S. could exercise either a right of "hot pursuit", or, if Pakistan appeared to be unable to restrict bin Laden, an enemy of the U.S., a limited attack into Pakistan. [3]
Killing vs. capturing
The specific orders given to the raiding force are not known. Specifically, there is no official confirmation that the death, rather than capture, of bin Laden was the objective. Legalities aside, it can be observed that both alternatives presented practical political challenges to the U.S. If he was captured, a trial would be demanded.
References
- ↑ Declan Walsh (9 May 2011), "Osama bin Laden mission agreed in secret 10 years ago by US and Pakistan: US forces were given permission to conduct unilateral raid inside Pakistan if they knew where Bin Laden was hiding, officials say", The Guardian
- ↑ Juan Cole (10 May 2011), "Secret Pakistani Deal with US on Bin Laden", Informed Comment
- ↑ Ashley S. Deeks (5 May 2011), Pakistan's Sovereignty and the Killing of Osama Bin Laden, American Society for International Law