Operation Geronimo Was Not Legally Authorized

The Operation Geronimo case has sparked widespread debate over the legality of the President’s authority to use military force. Osama bin Laden, the architect of the 9/11 attacks, was killed during Operation Geronimo, a military operation conducted by the US forces (Soherwordi & Khattak, 2020). However, the legitimacy of the operation was heatedly debated, and serious questions were raised regarding the right of the President of the United States to use military force. This essay is based on the fact that Operation Geronimo was not legally authorized by President Obama, and it was not carried out. The lack of congressional permission, transgression of international law, denial of due process, consequences for US democracy, and ramifications for US foreign policy are some of the factors leading to this conclusion (Bacchetta et al., 2018). These elements show that the use of armed action requires careful legal review. To ensure that it adheres to the values of the rule of law and the defense of individual rights, they must be carefully taken into account. The lack of approval in Operation Geronimo demonstrates that President Obama did not have the legal authority to order the operation.

The first reason why President Obama did not have the legal authority to order Operation Geronimo was that he did not seek approval from Congress. According to the US Constitution, the President can only use military force with the permission of Congress (Soherwordi & Khattak, 2020). The only exception to this rule is when the US is under attack, in which case the President can use power to defend the country. However, in the case of Operation Geronimo, there was no imminent threat to the US, and thus, the President was required to seek approval from Congress. Additionally, the absence of congressional consent raises significant concerns regarding the distribution of authority between the executive and legislative arms of government. The Constitution was created to ensure that the power to employ military force and declare war was shared between the President and Congress rather than being concentrated in the hands of the President. President Obama may have breached this fundamental tenet of the separation of powers by circumventing Congress and appointing Operation Geronimo without its consent. The significance of this cannot be overstated, as it has far-reaching implications for the integrity of US democracy.

The second reason why President Obama did not have the legal authority to order Operation Geronimo was that it violated international law. The operation was carried out in Pakistan, a sovereign state, without the permission of its government. This action constituted a violation of Pakistan’s territorial integrity and sovereignty and was, therefore, a breach of international law. The United Nations Charter, which is the cornerstone of international law, requires that states respect the territorial integrity and sovereignty of other states. By violating these principles, the US undermined the credibility of the international legal system and set a dangerous precedent for other states to follow. Furthermore, the operation was carried out without due process, which is a fundamental principle of the rule of law. Due process requires that individuals be given a fair and impartial trial before they are punished. In the case of Operation Geronimo, Osama bin Laden was not given a trial or any opportunity to defend himself before being killed (Soherwordi & Khattak, 2020). This lack of due process raises serious questions about respect for individual rights and the principles of justice.

The fact that Operation Geronimo has significant ramifications for US democracy is the fourth reason President Obama lacked the legal power to issue the order. The checks and balances outlined in the US Constitution are threatened by the use of armed action without Congress’s consent (Bacchetta et al., 2018). Without Congress’ approval, the President should not be permitted to deploy military force, as this would grant him excessive power and make it harder to hold the executive branch accountable. The death of Osama bin Laden without a trial also calls into severe doubt the US’s dedication to upholding the law and safeguarding individual rights. The fifth reason President Obama did not have the legal authority to order Operation Geronimo is that it has profound implications for US foreign policy. Pakistan, a crucial nation for US interests in the area, hosted the operation. The illegal use of military force in Pakistan has strained relations between the US and Pakistan (Soherwordi & Khattak, 2020). This violation of Pakistan’s sovereignty has significantly impacted the US-Pakistan relationship and contributed to the perception that the US is an unreliable partner in the region.

In conclusion, Operation Geronimo raises essential questions about the legal authority of the President of the United States to use military force. The lack of congressional approval, violation of international law, and lack of due process all indicate that President Obama did not have the legal authority to order the operation. The implications of this conclusion are far-reaching, as they raise important questions about the balance of power between the executive and legislative branches of government, the respect for individual rights and the rule of law, and the credibility of the international legal system. In order to ensure that military operations are consistent with the principles of the rule of law and the protection of individual rights, the use of military force must be subject to rigorous legal scrutiny. This means that the President must seek approval from Congress before using military force and that military operations must be consistent with international law and the principles of due process. By adhering to these principles, the US can ensure that its military operations are consistent with the principles of the rule of law and that its actions are credible and respected by the international community.

References

Bacchetta, P., Maira, S., & Winant, H. (Eds.). (2018). Global raciality: Empire, postcoloniality, decoloniality. Routledge.

Soherwordi, S. H. S., & Khattak, S. A. (2020). Operation Geronimo: Assassination of Osama Bin Ladin and its implications on the US-Pakistan relations, War on Terror, Pakistan and Al-Qaeda. South Asian Studies, 26(2). Web.