April 23, 2018
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Stopping al-Qaida

Ken Dilanian | MCT
Ken Dilanian | MCT
Notre Dame law professor Mary Ellen O'Connell, a leading critic of the U.S. targeted killing program against al-Qaida militants, works in her home office in South Bend, Indiana.


The recent capture of a senior al-Qaida operative in Libya and a raid in Somalia the same day by Navy SEALs broke some new ground in the Obama administration’s counterterrorism operations. For the first time, the administration acted in Libya under the auspices of the 2001 Authorization for Use of Military Force, in which Congress sanctioned war against al-Qaida. For only the second time, it held a suspect captured outside a war zone for interrogation on a Navy ship — using the same authority under which the Bush administration detained militants at the Guantanamo Bay prison. In Somalia, it attempted, unsuccessfully, to capture a terrorist commander rather than target him with a drone strike.

These operations were legal and justified, in our view, even if they incurred some risks. Though the tactics may have been dictated largely by circumstance, the raids can only be welcomed by those, including us, who have called on the administration to seek to capture, rather than kill, al-Qaida leaders and to rely on military forces, rather than the CIA, to lead operations.

What these episodes demonstrate is that the battle against al-Qaida, far from ending, is morphing and spreading to other regions, particularly in Africa. As several legal experts have pointed out, as U.S. operations move to countries and targets far from Afghanistan and the original al-Qaida cadre, the legitimacy of the legal and political authority provided by Congress’ 2001 act erodes. While the suspect captured in Libya has been indicted for his alleged role in the 1998 bombing of the U.S. Embassy in Nairobi, the reported target of the Somalia raid was not part of al-Qaida’s pre-2001 organization.

What’s needed is not the repeal of the legal justification for fighting it but an update that provides more explicit authority for operations in places such as Libya and Somalia.

The Washington Post (Oct. 8)

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