Thus President Obama had the legal authority to order Operation Geronimo and to executive the plan. By law the President must inform the leadership in Congress about these findings.

51 of the UN Charter.ĭomestically, the authorized use of force was most certainly buttressed by a Presidential finding to kill Bin Laden as a hostile. Overlaid in this authorization to use force was the basic international principle of the inherent right of a nation to self-defense, found in Art. Additional international authorizations via the United Nations and NATO followed. Under our constitutional scheme, the President could direct the National Command Authority to use armed force against Al Qaeda, including Bin Laden and others. After September 11, 2001, Congress authorized the Commander-in-Chief at the time to use force against those individuals who had perpetrated the attack on the United States that fateful day. In the early morning hours of May 2nd (Pakistan time), United States Special Operations Forces dynamically entered the compound where Bin Laden, some members of his family, and others lived. Let’s break down the formula further using the facts that are apparent in the killing of Bin Laden. If there is both legal authority and that force follows the principles laid down by The Hague Rules of 1907 and the Geneva Conventions of 1949 then there can be a justified result (C). When a nation contemplates the use of force, that force must be done with legal authority (A) and within the strictures of the laws of armed conflict (B). The death of Osama Bin Laden in Pakistan was a lawful military operation. Though simplistic, and in acknowledgement of valid concerns legally and practically related to the targeting, this formula helps clear an intellectual path to a conclusion that perhaps his targeting was lawful. To assist in the important debate related to the targeting of Osama Bin Laden, I offer up a formula to assist in this important debate related to that targeting. Alumni & Students Expand Collapse section.Journal of National Security Law & Policy.The Prevention Project: Organizing Against Violent Extremism.New Frontiers in Science, Cyber, & Technology.

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