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Advisory Opinion to the International Court of Justice regarding the legality of the extradition of Osama Bin Laden

The issue of international terrorism is one that has engulfed the global community. With terrorism on the increase, we have seen that its importance has increased. Whether domestic or international in nature, terrorism is having an ever-increasing impact upon the international community. The United States has fallen victim to acts of terrorism recently, most notably the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, OK, and the 1998 bombings of U.S. Embassies in Kenya and Tanzania. Upon investigation, it was revealed that the embassy bombings were linked to Osama Bin Laden, a former Saudi Arabian National whose excessive bank accounts fund a worldwide terrorist operation.

Further investigation revealed that Bin Laden was living in Afghanistan in a camp protected by his own 200-man private army and a sub-unit of the Taliban, a quasi-religious organization operating within Afghanistan's borders (MSNBC, 10/12/99). The United States, backed by other nations who have had terrorist attacks related to Bin Laden, appealed to the United Nations Security Council to call for the extradition of Osama Bin Laden for trial.

In response to the request, the United Nations Security Council unanimousl


The call by the Security Council to bring Osama Bin Laden to justice does have its merits, and is legally justified under current international law. Bin Laden has been implicated in acts of terrorism all over the world, and his financial backing, while weakening, is still considerable. By getting Afghanistan to turn Bin Laden over to the proper authorities, a measure of peace and security can be attained once again. By bringing him to trial, these prevailing instruments of international law that apply to terrorism can be viewed in force.

4. Was the decision to impose sanctions on the Taliban legal?

At present, Bin Laden controls a comprehensive international terrorist network, all financed through Bin Laden's personal fortune. His headquarters are located in Afghanistan, and are protected by numerous Taliban soldiers. While tensions between Bin Laden and Taliban members have become strained since August 1998, he nonetheless has remained free from capture to this point. However, Security Council Resolution 1267 does indeed call for Afghanistan to turn him over to the proper international authorities.

Organization of the Islamic Conference. Convention of the Organization of the Islamic Conference on Combating International Terrorism. Tehran: OIC, December 1997.



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Approximate Word count = 2776
Approximate Pages = 11 (250 words per page double spaced)


  

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