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Is Osama Bin Laden Killing Legal - Assignment Example

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This paper "Is Osama Bin Laden Killing Legal" will begin with the statement that the mastermind of the September 11 attack, Bin Laden, was killed by American forces in his hideout in Pakistan, that too in close proximity of Pakistan Military Academy…
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Is Osama Bin Laden Killing Legal
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According to international humanitarian law, the killing of Laden seems justifiable as there was armed conflict involved. In addition, as the law indicates, there was intense conflict and the actor was an organized group. Thus, it becomes evident that the killing of Laden is legal according to humanitarian law. Now, when the human rights law is considered, it is pointed out that one can be targeted as far as that person directly participates in hostilities. Thus, planning terrorist attacks from hideout can be considered as direct involvement in terror.

However, a look into the international law as evident from the UN Charter reveals that America violated the international law by entering the Pakistan soil without the permission or authorization of the UN Security Council, and even without the knowledge of Pakistan officials. Though Pakistan declared that their sovereignty had not been violated by the US operation, it is evident that it is the embarrassment of being caught red-handed with their malicious motives that made Pakistan respond that way.

In fact, Article 2 of the UN Charter declare that all member nations should refrain from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. In addition, America violates international law in the fact that it did not seek the permission of UN Security Council. To illustrate, Article 39, Chapter VII of the UN Charter states that the Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42 to maintain or restore international peace and security.

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