News / Asia

Bin Laden Raid Re-ignites Debate About International Law

Pakistani women walk past covered graffiti that reads "Usama bin Laden toun" (Osama bin Laden town) in Abbottabad on May 6, 2011, where bin Laden was killed by US commandos in a secret raid on May 2.
Pakistani women walk past covered graffiti that reads "Usama bin Laden toun" (Osama bin Laden town) in Abbottabad on May 6, 2011, where bin Laden was killed by US commandos in a secret raid on May 2.

Multimedia

Audio
  • Analysis by Refik Hodzic from the International Center for Transnational Justice

The decision by the Obama administration to go after Osama bin Laden at his hideout in Pakistan without informing the government in Islamabad has officials there angrily denouncing the mission as a violation of its sovereignty.

Several days after the U.S. commando raid that killed bin Laden, the Pakistani military warned that any future U.S. operations on Pakistani territory will result in a review of military and intelligence cooperation with the United States.

And Pakistan's Foreign Secretary Salman Bashir used harsh words last week,  warning of "disastrous consequences" for any nation that carries out unauthorized military actions in Pakistani territory.

For its part, top U.S. officials have said they did not give Pakistan, America's key ally in the war on terror, prior warning because of concerns that bin Laden or his associates might be tipped off.

The highly risky military operation, performed by an elite squadron of U.S. Navy SEALs, has raised questions about its legality under the confines of international law.

VOA's Paul Westpheling discussed the issue with Matthew Waxman, an associate professor of International Law at Columbia Law School in New York City.

Was this raid on bin Laden's compound outside the Pakistani capital a violation of international law in the sense that in infringed on the country's sovereignty?

"In normal times, it would be a violation of a state's sovereignty to launch this kind of raid without their consent. On the other hand, there are circumstances in which a state would be entitled to take action against the terrorist organization or terrorist agents in another state's territory when that state is unwilling or unable to take its own action against it. In this case, I think there is a good argument that the United States was justified as a matter of self-defense."

What about this unwilling or unable test, is this a consideration when one is debating whether or not international law has been breached?

"This is a contested area of international law, in part because, while there have been many previous cases involving self-defense against non-state groups, this is not a very common pattern in international law. And so the law of self-defense in this area is contested. I think there is a substantial body of opinion that would hold [that] the use of force in circumstances like this, if the host state is unwilling or unable to take action itself, would be legal so long as it comported with certain constraints, including that the use of force was necessary, that the actions taken were proportionate to the threat that was being faced, [and so on]."

When the United States invaded Iraq, for example, the U.S. knew who the enemy was, knew where they were. Here governments are trying to combat an organization called al-Qaida, which appears to have no home base. So does it come down to following them and taking the battle to where they are?

"I do agree with the idea that the United States is engaged in an armed conflict with al-Qaida and its allies, a non-state enemy. Unfortunately, it's now possible for terrorist organization to now wage violence on a level of intensity and sophistication, previously only achievable by states. As you point out, this leads to some difficulties in applying the laws of war because the boundaries of that enemy organization are not always as clear as they would be when you are fighting against another state."

Chapter 7 of the United Nation's Charter talks about self-defense, how does that apply here?

"The U.N. Charter contains a baseline prohibition on the threat or use of force. But then it goes on to explain that states retain their inherent right of self-defense. So in a sense, a self-defense carves out an exception to the general prohibition on the use of force. In this case, the United States is relying on that exception, that it faces an ongoing threat from al-Qaida, a non-state actor with which the United States is engaged in an ongoing armed conflict."

How about the idea Pakistan's point of view? The American Society of International Law writes on its website "that the facts and politics in this case make it unlikely that Pakistan's defense of its sovereignty would find significant international support."

"Part of the reason why this is a very difficult issue of international law is we're seeing the clash of two important principles on international law. One is a principle of territorial sovereignty and another is the principle of self-defense."

You May Like

Video Protests Continue in Ferguson, Spread to Other US Cities

Missouri officials say deployment of more than 2,000 National Guard soldiers helps curb second night of rampant arson and looting in Midwestern town More

Video Ebola, Crackdown on Illegals Hit Business in Guangzhou

Chinese city has largest community of Africans in Asia More

Video Legendary Lebanese Actress, Singer Sabah Dies at 87

Music and film diva, affectionately called 'Sabbouha' by millions of her fans, performed at Carnegie Hall in New York, Royal Albert Hall in London, Olympia in Paris, Sydney Opera House in Sydney More

This forum has been closed.
Comments
     
There are no comments in this forum. Be first and add one

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Aung San Suu Kyi: Myanmar Opposition to Keep Pushing for Constitutional Changei
X
November 24, 2014 10:09 PM
Myanmar opposition leader Aung San Suu Kyi says she and her supporters will continue pushing to amend a constitutional clause that bars her from running for president next year. VOA's Than Lwin Htun reports from the capital Naypyitaw in this report narrated by Colin Lovett.
Video

Video Aung San Suu Kyi: Myanmar Opposition to Keep Pushing for Constitutional Change

Myanmar opposition leader Aung San Suu Kyi says she and her supporters will continue pushing to amend a constitutional clause that bars her from running for president next year. VOA's Than Lwin Htun reports from the capital Naypyitaw in this report narrated by Colin Lovett.
Video

Video Mali Attempts to Shut Down Ebola Transmission Chain

Senegal and Nigeria were able to stop small Ebola outbreaks by closely monitoring those who had contact with the sick person and quickly isolating anyone with symptoms. Mali is now scrambling to do the same. VOA’s Anne Look reports from Mali on what the country is doing to shut down the chain of transmission.
Video

Video Ukraine Marks Anniversary of Deadly 1930s Famine

During a commemoration for millions who died of starvation in Ukraine in the early 1930s, President Petro Poroshenko lashed out at Soviet-era totalitarianism for causing the deaths and accused today’s Russian-backed rebels in the east of using similar tactics. VOA’s Daniel Shearf reports from Kyiv.
Video

Video Hong Kong Protests at a Crossroads

New public opinion polls in Hong Kong indicate declining support for pro-democracy demonstrations after weeks of street protests. VOA’s Bill Ide in Guangzhou and Pros Laput in Hong Kong spoke with protesters and observers about whether demonstrators have been too aggressive in pushing for change.
Video

Video US Immigration Relief Imminent for Mixed-Status Families

Tens of thousands of undocumented immigrants in the Washington, D.C., area may benefit from a controversial presidential order announced this week. It's not a path to citizenship, as some activists hoped. But it will allow more immigrants who arrived as children or who have citizen children, to avoid deportation and work legally. VOA's Victoria Macchi talks with one young man who benefited from an earlier presidential order, and whose parents may now benefit after years of living in fear.
Video

Video New Skateboard Defies Gravity

A futuristic dream only a couple of decades ago, the hoverboard – a skateboard that floats above the ground - has finally been made possible. While still not ready for mass production, it promises to become a cool mode of transport... at least over some surfaces. VOA’s George Putic reports.
Video

Video Falling Gas Prices Impact US Oil Extraction

With the price of oil now less than $80 a barrel, motorists throughout the United States are benefiting from gas prices below $3 a gallon. But as VOA’s Kane Farabaugh reports, the decreasing price of petroleum has a downside for the hydraulic fracturing industry in the United States.
Video

Video Tensions Build on Korean Peninsula Amid Military Drills

It has been another tense week on the Korean peninsula as Pyongyang threatened to again test nuclear weapons while the U.S. and South Korean forces held joint military exercises in a show of force. VOA’s Brian Padden reports from the Kunsan Air Base in South Korea.
Video

Video Mama Sarah Obama Honored at UN Women’s Entrepreneurship Day

President Barack Obama's step-grandmother is in the United States to raise money to build a $12 million school and hospital center in Kogelo, Kenya, the birthplace of the president's father, Barack Obama, Sr. She was honored for her decades of work to aid poor Kenyans at a Women's Entrepreneurship Day at the United Nations.
Video

Video Ebola Economic Toll Stirs W. Africa Food Security Concerns

The World Bank said Wednesday that it expects the economic impact of the Ebola outbreak on the sub-Saharan economy to cost somewhere betweenf $3 billion to $4 billion - well below a previously-outlined worst-case scenario of $32 billion. Some economists, however, paint a gloomier picture - warning that the disruption to regional markets and trading is considerable. Henry Ridgwell reports from London.
Video

Video Chaos, Abuse Defy Solution in Libya

The political and security crisis in Libya is deepening, with competing governments and, according to Amnesty International, widespread human rights violations committed with impunity. VOA’s Al Pessin reports from London.
Video

Video US Hosts Record 866,000 Foreign Students

Close to 900,000 international students are studying at American universities and colleges, more than ever before. About half of them come from Asia, mostly China. The United States hosts more foreign students than any other country in the world, and its foreign student population is steadily growing. Zlatica Hoke reports.

All About America

AppleAndroid