Friday, May 20, 2011

Harold Koh: The Lawfulness of the U.S. Operation Against Osama bin Laden

State Department Legal Advisor and former Yale law professor Harold Koh has mounted a defense of the bin Laden raid as a targeted action against a belligerent, which satisfied the principles of distinction and proportionality. It is, he writes, like the WWII attack on a Japanese who was the architect of the Pearl harbor attack.
Opinio Juris » Blog Archive » The Lawfulness of the U.S. Operation Against Osama bin Laden: "In conducting the bin Laden raid, the United States acted in full compliance with the legal principles previously set forth in a speech that I gave to the American Society of International Law on March 25, 2010, in which I confirmed that “[i]n …all of our operations involving the use of force, including those in the armed conflict with al-Qaeda, the Taliban and associated forces, the Obama Administration is committed by word and deed to conducting ourselves in accordance with all applicable law.”"

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