Killing Of Osama bin Laden: Both Well Executed And Lawful
Some are questioning the legality of the raid in Pakistan that resulted in the death of Osama bin Laden. Was it lawful for a team of Navy SEALs to launch a mission in Abbottabad without permission from Pakistani leaders? Did they comply with international strictures when they killed the al-Qaeda leader rather than capturing him and bringing him before a court of law?
In a word: yes.
The analysis must begin with the events of Sept. 11, 2001, when about 3,000 innocents were murdered by Osama bin Laden and his forces. There was no guesswork involved in pinpointing the culprits: He took credit for the bloodshed and reiterated his call for attacks against the United States and its allies. In passing the Authorization for the Use of Military Force (AUMF) just one week later, Congress explicitly empowered the president to take all appropriate and necessary action against al-Qaeda, the Taliban and all those who helped or harbored them. It was, in short, a declaration of war, and Osama bin Laden was rightly targeted for his central role in the atrocities.
Absent a surrender, there is no question that U.S. forces would have been entitled to shoot him on sight had they encountered him on an Afghan battlefield. But that is not where the terrorist leader spent his time. After lengthy and intricate intelligence-gathering, the Obama administration tracked him to a heavily secured mansion in a city outside Islamabad populated by military officers and the country’s elite military academy. With suspicions high that Osama bin Laden enjoyed some semblance of official protection, the Obama administration rightly decided to proceed without notifying Pakistan.
International law recognizes a country’s inherent right to act in self-defense, and it makes no distinction between vindicating these rights through a drone strike or through a boots-on-the-ground operation. Administration officials have described the raid as a “kill or capture” mission and asserted that the SEALs would have taken Osama bin Laden alive had he surrendered and presented no threat to U.S. personnel or the others in the compound that night. This, according to official accounts, did not happen.
Much has been made of the disclosure that Osama bin Laden was unarmed, but this, too, is irrelevant in determining whether the operation was lawful. The SEALs entered the compound on a war footing, in the middle of the night, prepared to encounter hostile fire in what they believed to be the enemy leader’s hideout. They reported that they became embroiled in a firefight once inside; they had no way of knowing whether Osama bin Laden himself was armed. Even if he had signaled surrender, there is no reason to believe that danger had evaporated. As Sen. Lindsey O. Graham (R-S.C.) said during a congressional hearing on Wednesday: “From a Navy SEAL perspective, you had to believe that this guy was a walking IED,” prepared to blow up himself and those around him or possibly to detonate an explosive that would have engulfed the entire house.
It is easy in the light of day to second-guess decisions made in the heat of war. It is particularly easy for those who refuse to acknowledge that war in the first place. Based on information released by the administration, the covert military operation that brought down the most wanted terrorist in the world appears to have been gutsy and well executed. It was also lawful.
By: Editorial Board Opinion, The Washington Post, May 4, 2011
Bin Laden Death Photo Coverage Is Media’s New Birther Moment
On Tuesday morning, counterterrorism official John Brennan was interviewed by NPR’s Steve Inskeep about the death of Osama bin Laden. For about eight minutes, listeners were treated to a serious and in-depth exploration of the circumstances surrounding bin Laden’s discovery and demise.
But then, right at the end, Inskeep couldn’t help himself. “In a few seconds, Mr. Brennan, why haven’t you released photos of Osama bin Laden?” Inskeep asked. Over the final minute of the interview, he repeated that important question four times.
And you couldn’t help thinking: Here we go again.
Wasn’t it just, like, hours ago that the media had assumed a posture of deep introspection about their role in fueling outlandish conspiracy theories?
On one hand, there were people like Shepard Smith of Fox News urging the media to “look in the mirror” because questions about President Obama’s birthplace were “a load of crap” and journalists “knew it from the very beginning.” (Amen.) On the other, there was Bob Garfield of NPR’s On the Media arguing that the attention paid by the media to Donald Trump’s birther claims was necessary to help the public distinguish between a “carnival barker” and a “responsible leader.” (Oh, I get it: Loons raise loony questions, the media repeats them over and over again, and, in so doing, exposes them to an audience far larger than the loons ever could have dreamed of reaching on their own, and thus we need the media to help us identify the loons. Wow, what an indispensible service.) No consensus, perhaps, but at least they were grappling with the question.
Not anymore, evidently.
Just hours after President Obama addressed the nation, no less than J. Michael Waller posted a blog entry opining that bin Laden should be displayed naked in lower Manhattan, then chopped into bits and dumped into the New York City sewers because while he may be dead “I’ll believe it when I see it.” Who’s J. Michael Waller you ask? Who cares! Questions have been raised! The public needs help identifying the carnival barkers! Summon the media!
So, there was Inskeep pressing Brennan. The Chicago Sun Times editorialized that a photo should be released to stop the conspiracy theories. The Associated Press moved a story headlined “Wanted: Visual Proof that the U.S. got him.” (Though you might reasonably ask why, given that the proof detailed in the story included DNA evidence, photographic identification, bin Laden’s wife apparently calling out to him by name during the firefight, and “[t]ellingly” an al Qaeda spokesman calling bin Laden “a martyr” and offering “no challenge to the U.S. account of his death.” Mighty suspicious!)
In fairness, there are differences between the birther stories and whether the United States should release a photo of bin Laden. To be sure, the latter has actual foreign policy and national security implications, and, now that the administration has decided not to release a photo, it may be that serious issues, rather than the increasingly hairbrained ideas of conspiracy theorists, will drive the media’s coverage but … I’ll believe it when I see it.
If the media would like us to believe it has serious, as opposed to sensationalistic, intentions when it covers a story like this, the nature of the coverage has to change. Raising a baseless charge again and again, day after day, and concluding that you’ve done your job if “both sides” of the story are represented does everyone a remarkable disservice. The reason: It gives the media’s imprimatur of legitimacy to a charge that is baseless, and it leaves the impression that there are two sides to an issue that is, in fact, indisputably settled.
Instead, if the media is going to give such issues any coverage at all, it should turn its camera in the opposite direction, focusing on the people who cling to preposterous beliefs and asking what that tells us about them, our culture, and our country. That may be a worthy journalistic pursuit, but we’ve seen very little of it.
Of course, there may be a bright side to all of this: The secret to getting media coverage has been revealed.
Therefore, I would like to announce the following: I believe the moon is made of elephants.
Media: Come and get me.
By: Anson Kaye, U.S. News and World Report, May 5, 2011
Who’s Soft On Terror Now?
By the time U.S. Navy SEALs shot Osama bin Laden dead in his Pakistan hideaway, he was already becoming a historical anachronism. During his 10 years of running and hiding, events had passed him by. In the end, he appeared more David Koresh than Hitler or Napoleon — a religious zealot imprisoned by his own homicidal delusions, and little more.
“I am confident that Muslims will be able to end the legend of the so-called superpower that is America,” bin Laden once said. Like most fanatics, however, he failed to grasp the resilience of our democracy. America had largely recovered from the terrible strategic blunders that fear and outrage over the 9/11 atrocity had driven it to.
Al-Qaida’s hope was to lure the United States into Afghanistan, where they imagined it would destroy itself like the Soviet Union. That the neoconservative cabal inside the Bush administration would use the attack to justify invading Iraq provided an unanticipated propaganda boost.
The U.S., bin Laden told a CNN interviewer in 1997, “wants to occupy our countries, steal our resources, impose agents on us to rule us and then wants us to agree to this … If we refuse to do so, it says we are terrorists.”
But images of Abu Ghraib faded as Iraq’s fratricidal strife yielded to steadfast military and diplomatic effort; America’s intention to leave Iraq became clear. Recent political tumult across the Arab world has owed nothing to bin Laden’s fever dream of a restored Islamic empire.
Writing from Benghazi, Libya, New York Times columnist Roger Cohen celebrated the liberation of “the captive Arab mind.”
“Bin Laden’s rose-tinged caliphate was the solace of the disenfranchised, the disempowered and the desperate,” Cohen added. “A young guy with a job, a vote and prospects does not need virgins in paradise.”
None of which should diminish our satisfaction at bin Laden’s death. I happened to be watching the Phillies-Mets game Sunday night when spontaneous cheers of “USA, USA!” broke out as fans got the news on their cellphones. For once, ESPN delivered a non-sports headline at the bottom of the screen.
My brother the Mets fan called the next day to express his feelings. Thirteen people from our New Jersey hometown, he reminded me, died on 9/11. I didn’t know any of them personally, but he knew several victims. Nothing can bring the victims back or erase their loved ones’ pain. Avenging those deaths, however, brought exactly what President Obama said it did: justice.
Bin Laden could have surrendered. Instead, he took the easy way out. Good riddance to him.
Everybody’s got their own way of remembering. Me, I get out my “Concert for New York” DVD and watch the Who turn Madison Square Garden upside down with a thunderous rendition of “We Won’t Get Fooled Again” — maybe the most powerful rock anthem ever written — for an audience of uniformed New York cops, firefighters and EMTs.
Announcing themselves honored to be invited, the English band played in front of a huge projection of the U.S. flag, the Union Jack and the World Trade Center. I can’t watch it dry-eyed. Everybody in the crowd looks like my cousin or somebody I grew up with.
No doubt you’ve got your own 9/11 memories. The question is: What to do with those thoughts and emotions now? Will the feelings of unity — those cheering fans in Philadelphia were Democrats and Republicans alike — bring about a lessening of partisan political anger?
President George W. Bush was quick to offer congratulations. Even Dick Cheney was gracious for once. It was Cheney’s classless accusation that President Obama was risking national security by dropping the “Global War on Terror” trope that set the tone for strident rejection of his legitimacy.
Soft on terror? Obama not only accomplished what the previous administration hadn’t done in eight years of trying, he’d put his presidency on the line. Had the SEALs’ mission in Pakistan failed like President Carter’s 1980 attempt to rescue American hostages in Iran, the recriminations would never have ended. Instead, it revealed Obama as one tough, shrewd cookie.
“For most Americans,” writes the New Yorker’s George Packer, “the killing of Osama bin Laden is the equivalent of a long-form birth certificate in establishing Barack Obama’s bona fides as commander-in-chief.”
Realistically, however, not much has changed except American self-confidence. The truth is that the nation panicked somewhat after 9/11. Anxious to find an opponent worthy of their own revolutionary romanticism, Bush administration neoconservatives turned Osama bin Laden into a virtual Hitler to suit their own Churchillian fantasies.
“Islamofascism” they called it. Enraged and distraught, many Americans bought it. Except that bin Laden’s deluded followers posed no military threat to the integrity of the United States or any Western nation. At worst they were capable of theatrical acts of mass murder like the 9/11 attacks.
And that was sufficient evil indeed.
By: Gene Lyons, Salon War Room, May 4, 2011
“Crowing” And The Torture Apologists
The killing of Osama bin Laden provoked a host of reactions from Americans: celebration, triumph, relief, closure and renewed grief. One reaction, however, was both cynical and disturbing: crowing by the apologists and practitioners of torture that Bin Laden’s death vindicated their immoral and illegal behavior after the Sept. 11 attacks.
Jose Rodriguez Jr. was the leader of counterterrorism for the C.I.A. from 2002-2005 when Khalid Shaikh Mohammed and other Al Qaeda leaders were captured. He told Time magazine that the recent events show that President Obama should not have banned so-called enhanced interrogation techniques. (Mr. Rodriguez, you may remember, ordered the destruction of interrogation videos.)
John Yoo, the former Bush Justice Department lawyer who twisted the Constitution and the Geneva Conventions into an unrecognizable mess to excuse torture, wrote in The Wall Street Journal that the killing of Bin Laden proved that waterboarding and other abuses were proper. Donald Rumsfeld, the former defense secretary, said at first that no coerced evidence played a role in tracking down Bin Laden, but by Tuesday he was reciting the talking points about the virtues of prisoner abuse.
There is no final answer to whether any of the prisoners tortured in President George W. Bush’s illegal camps gave up information that eventually proved useful in finding Bin Laden. A detailed account in The Times on Wednesday by Scott Shane and Charlie Savage concluded that torture “played a small role at most” in the years and years of painstaking intelligence and detective work that led a Navy Seals team to Bin Laden’s hideout in Pakistan.
That squares with the frequent testimony over the past decade from many other interrogators and officials. They have said repeatedly, and said again this week, that the best information came from prisoners who were not tortured. The Times article said Khalid Shaikh Mohammed, who was waterboarded 183 times, fed false information to his captors during torture.
Even if it were true that some tidbit was blurted out by a prisoner while being tormented by C.I.A. interrogators, that does not remotely justify President Bush’s decision to violate the law and any acceptable moral standard.
This was not the “ticking time bomb” scenario that Bush-era officials often invoked to rationalize abusive interrogations. If, as Representative Peter King, the Long Island Republican, said, information from abused prisoners “directly led” to the redoubt, why didn’t the Bush administration follow that trail years ago?
There are many arguments against torture. It is immoral and illegal and counterproductive. The Bush administration’s abuses — and ends justify the means arguments — did huge damage to this country’s standing and gave its enemies succor and comfort. If that isn’t enough, there is also the pragmatic argument that most experienced interrogators think that the same information, or better, can be obtained through legal and humane means.
No matter what Mr. Yoo and friends may claim, the real lesson of the Bin Laden operation is that it demonstrated what can be done with focused intelligence work and persistence.
The battered intelligence community should now be basking in the glory of a successful operation. It should not be dragged back into the muck and murk by political figures whose sole agenda seems to be to rationalize actions that cost this country dearly — in our inability to hold credible trials for very bad men and in the continued damage to our reputation.
By: Editorial Board, The New York Times, May 4, 2011
Terrorist Or Martyr?: Not Releasing bin Laden Death Photo Is Smart
It was inevitable, with the emergence and escalation of the “birther” campaign, that we would experience the same bizarre skepticism when it comes to Osama bin Laden. If there are a group of conspiracy theorists who insist on seeing proof of U.S. birth for President Obama, is it any surprise that there would be a concurrent call for proof of death for bin Laden?
President Obama has decided not to release a photo of the dead bin Laden. True, it would perhaps appease those who don’t really believe that the U.S. military and intelligence personnel, under Obama’s direction, completed the task of killing the hated bin Laden. But releasing a photo or video could also rally terrorist forces around the world, buttressing any movement to turn bin Laden into a martyr.
We’ve become unfortunately accustomed to a YouTube, reality TV, cell phone photo approach to living–a world where privacy and dignity are sacrificed for hyper-transparency and more commonly, pure voyeurism. But images matter, and sending provocative images or videos around the world can have a destructive effect. The Internet posting of a video showing the burning of a Koran in Florida is one such example, giving amplified attention to a local pastor whose narrow-mindedness and ignorance does not deserve to be promoted.
What would be the purpose of releasing a photo? Would it really reassure Americans that bin Laden is really dead? Or would it just provoke a new wave of conspiracy theories about doctored photos and lies? There are people, remarkably, who still don’t believe Obama was born in Hawaii, despite indisputable evidence to the contrary. Why would a picture of a dead bin Laden be any more effective? At best, it would give some satisfaction to those of us who want to see the face of hate bloodied and lifeless. At worst, it will incite would-be terrorists around the world.
And at its heart, the demand for pictures of a deceased bin Laden are not much different from the demands for further proof of Obama’s domestic birth. In both cases, we are dealing with people who simply cannot believe that a mixed-race man became president, and further, will refuse to believe he could have accomplished something so great. The Obama haters will believe what they want to believe, regardless of what is shown them. Releasing photos won’t change their minds.
By: Susan Milligan, U. S. News and World Report, May 4, 2011
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