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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

May 6, 2011 Posted by | 911, Congress, Democracy, Ground Zero, Homeland Security, Journalists, Middle East, National Security, President Obama, Terrorism | , , , , , , , , , , | Leave a comment

The Time-Line Of The Mission To Kill Osama bin Laden

The mission to kill Osama bin Laden was years in the making, but began in earnest last fall with the discovery of a suspicious compound near Islamabad, and culminated with a helicopter based raid in the early morning hours in Pakistan Sunday.

“Last August, after years of painstaking work by our intelligence community, I was briefed on a possible lead to bin Laden. It was far from certain, and it took many months to run this thread to ground,” President Obama told the nation in a speech Sunday night.

“Today, at my direction, the United States launched a targeted operation against that compound in Abbottabad, Pakistan. A small team of Americans carried out the operation with extraordinary courage and capability. No Americans were harmed. They took care to avoid civilian casualties. After a firefight, they killed Osama bin Laden and took custody of his body,” he said.

Sitting in a row of chairs beside the podium were National Security Advisor Tom Donilon, Director of National Intelligence James Clapper, CIA Director Leon Panetta, Joint Chiefs Chairman Adm. Mike Mullin, Secretary of State Hillary Clinton, and Vice President Joe Biden. White House Chief of Staff Bill Daley and Press Secretary Jay Carney stood in the back with about a dozen White House staffers.

Since last August, Obama convened at least 9 meetings with national security principals about this operation and the principals met 5 times without the president, a senior administration official said. Their deputies met 7 times formally amid a flurry of other interagency communications and consultations.

ABC News reportedthat the principals’ meetings were held on March 14, March 29, April 12, April 19 and April 28.

Last week Obama finally had enough intelligence last to take action. The final decision to go forward with the operation was made at 8:20 AM on Friday, April 29 in the White House’s Diplomatic Room. In the room at the time were Donilon, his deputy Denis McDonough, and counterterrorism advisor John Brennan. Donilon prepared the formal orders.

On Sunday, Obama went to play golf in the morning at Andrews Air Force Base. He played 9 holes in chilly, rainy weather and spent a little time on the driving range, as well. Meanwhile, the principals were assembling in the situation room at the White House. They were there from 1:00 PM and stayed put for the rest of the day.

At 2:00, Obama met with the principals back at the White House. At 3:32 he went to the situation room for another briefing. At 3:50 he was told that bin Laden was “tentatively identified.” At 7:01 Obama was told there was a “high probability” the high value target at the compound was bin Laden. At 8:30 Obama got the final briefing.

Before speaking to the nation, Obama called former presidents Bill Clinton and George W. Bush.

Three senior administration officials briefed reporters late Sunday night on the surveillance, intelligence, and military operations that ended with bin Laden’s death at the hands of U.S. operatives.

“The operation was the culmination of years of careful and highly advanced intelligence work,” a senior administration official said.

The stream of information that led to Sunday’s raid began over four years ago, when U.S. intelligence personnel were alerted about two couriers who were working with al Qaeda and had deep connections to top al Qaeda officials. Prisoners in U.S. custody flagged these two couriers as individuals who might have been helping bin Laden, one official said

“One courier in particular had our constant attention,” the official said. He declined to give that courier’s name but said he was a protégé of Khalid Sheikh Mohammed and a “trusted assistant” of Abu Faraj al-Libbi, a former senior al Qaeda officer who was captured in 2005.

“Detainees also identified this man as one of the few couriers trusted by bin Laden,” the official said. The U.S. intelligence community uncovered the identity of this courier four years ago, and two years ago, the U.S. discovered the area of Pakistan this courier and his brother were working in.

In August 2010, the intelligence agencies found the exact compound where this courier was living, in Abbottabad, Pakistan. The neighborhood is affluent and many retired Pakistani military officials live there.

“When we saw the compound where the brothers lived, we were shocked by what we saw,” one official said.

The compound was 8 times larger than the other homes around it. It was built in 2005 in an area that was secluded at that time. There were extraordinary security measures at the compound, including 12 to 18 foot walls topped with barbed wire.

There were other suspicious indicators at the compound. Internal sections were walled off from the rest of the compound. There were two security gates. The residents burned their trash. The main building had few windows.

The compound, despite being worth over $1 million, had no telephone or internet service. There’s no way the courier and his brother could have afforded it, the official said.

“Intelligence officials concluded that this compound was custom built to hide someone of significance,” the official said, adding that the size and makeup of one of the families living there matched the suspected makeup of bin Laden’s entourage.

The intelligence community had high confidence that the compound had a high value target, and the analysts concluded there was high probability that target was bin Laden, one official said.

When the small team of U.S. operatives raided the compound in the early morning hours Sunday Pakistan time, they encountered resistance and killed three men besides bin Laden and one woman. The three men were the two couriers and one of bin Laden’s sons. The woman was being used as a human shield, one official said. Two other women were injured.

One U.S. helicopter was downed due to unspecified “maintenance” issues, one official said. The U.S. personnel blew up the helicopter before leaving the area. The team was on the ground for only 40 minutes.

A senior defense official told CNN that US Navy SEALs were involved in the mission.

No other governments were briefed on the operation before it occurred, including the host government Pakistan.

“That was for one reason and one reason alone. That was essential to the security of the operation and our personnel,” one official said. Only a “very small group of people” inside the U.S. government knew about the operation. Afterwards, calls were made to the Pakistani government and several other allied countries.

“Since 9/11 the United States has made it clear to Pakistan that we would pursue bin Laden wherever he might be,” one official said. “Pakistan has long understood we are at war with al Qaeda. The United States had a moral and legal obligation to act on the information it had.”

Americans abroad should stay indoors be aware of the increased threat of attacks following bin Laden’s killing, the State Department said in a new travel warning issued Sunday night. State also issued a specific travel warning for Pakistan.

“Al Qaeda operatives and sympathizers may try to respond violently to avenge bin Laden’s death and other terrorist leaders may try to accelerate their efforts to attack the United States,” one official said. “We have always understood that this fight would be a marathon and not a sprint.”

By: Josh Rogin, Foreign Policy-The Cable, May 2, 2011

May 2, 2011 Posted by | 911, Foreign Policy, Ground Zero, Homeland Security, Islam, Justice, National Security, President Obama, Religion, Terrorism | , , , , , , , , , , , , , , , , | Leave a comment

Abbottabad: Bin Laden Couldn’t Have Picked A More Unlikely Place To Hide Out

The main Karakuram Highway leading into Abbottabad, Pakistan on Monday, May 2, 2011. Photo by Balkis Press/ABACAUSA.COM

It is a special irony that Osama bin Laden, who made his name as an enemy of Western imperialism real and imagined, hid and died in a town that is itself a model colonial outpost of the British Empire. Bin Laden may have dreamed of renewing a caliphate, but he was killed in a city founded by and still bearing the unmistakable imprint of the West.

Even in its name, Abbottabad sheds any pretense of local origins: it bears the name of the town’s founder, James Abbott, a British army officer who was assigned in 1849 the task of pacifying and governing the Hazare region of the Punjab province that had been annexed by the British Empire after the First Anglo-Sikh War. Abbotabad is today a medium-sized city of nearly one million people, but no urban enclave existed there at all until Abbott decided that it would be a strategic location for an administrative capital. 

In a broader geographic and historic context, Abbottabad is a particularly unlikely epicenter of the type of future caliphate bin Laden dreamed of founding. Lying as it does on the old Silk Road, the area has always cultivated contact with diverse outsiders — especially with those from points farther east. (Today, it sits along the Karakoram Highway, which links Pakistan with China through the Himalayas.) In some ways, its historic and religious ties with the Middle East are more tenuous than its historic commercial ties with East Asia and the Indian subcontinent. As an Arab, Bin Laden would have been a member of a vanishingly small minority in Abbottabad: Hindkowans, an ethnic group marked by its late conversion to Islam from Hinduism, comprise the majority of the area’s population.

Today, the characteristics that Pakistanis associate with Abbottabad underscore its unlikeliness as a place for an international fugitive to make his home. First, it is something of a tourist spot, attracting Pakistanis from around the country to enjoy its verdant and hilly surrounds, temperate climate, and nearby national parks. James Abbott himself developed a deep attachment to the area in his years of service there, composing a poem“Abbottabad” after returning to Britain, in which he paid tribute to its beauty. A selection:

I adored the place from the first sight
And was happy that my coming here was right

And eight good years here passed very soon
And we leave our perhaps on a sunny noon

Oh Abbottabad we are leaving you now
To your natural beauty do I bow

Perhaps your winds sound will never reach my ear
My gift for you is a few sad tears

I bid you farewell with a heavy heart
Never from my mind will your memories thwart

Abbottabad is also a garrison city for the Pakistani military, home to its most noted military academy. And it’s also a favored location for retired generals and army officers, many of whom have houses there. It is an unmistakable company town: Much of the area has been parceled and divided, to great profit, by the Pakistani Army — a force that was ostensibly hard at work in search of Bin Laden in partnership with the United States, from whom it derives much of its funding (at least $1 billion every yearsince 2005).  Washington will have many questions about how Bin Laden could have hidden undetected for so long in the midst of the Pakistani military’s administrative apparatus, less than 100 miles away from the seat of government in Islamabad.

That Bin Laden ultimately was killed in Abbottabad is perhaps a testimony to his myriad weaknesses in his latter days. The head of al Qaeda was more than a terrorist — he was a political figure who derived much of his power from religious symbolism. But his final home was not in an area with any particular pedigree as a launching point for global jihad. Abbottabad doesn’t share a border with Afghanistan, where Taliban forces are struggling to re-establish a theocracy; and it is utterly alien to whatever grievances the Muslim world harbors about Palestine. In the end, then, Osama bin Laden died not as an historic emir, but as a hidden fugitive, surrounded by Western influence and allies of the U.S. military — a man utterly reliant on luck, until it finally ran out.

By: Cameron Abadi, Associate Editor, Foreign Policy, May 2, 2011

May 2, 2011 Posted by | Ground Zero, Islam, Justice, Middle East, National Security, Terrorism | , , , , , , , , , , , , , | Leave a comment

   

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