Bilge_Rat |
05-10-11 01:22 PM |
regarding the legality of exterminating OBL, the legal authority is granted by a 2001 Congressional resolution:
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Authorization for Use of Military Force Against Terrorists
(...)
(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
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http://en.wikipedia.org/wiki/Authori...nst_Terrorists
Obama's view, from a 2007 debate:
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"I don't believe in assassinations, but Osama bin Laden has declared war on us, killed 3,000 people, and under existing law, including international law, when you've got a military target like bin Laden, you take him out. And if you have 20 minutes, you do it swiftly and surely."
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The legality of the action under international law:
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As a general rule, international law permits the use of lethal force against individuals and groups that pose an imminent threat to a country.[11]
Most legal scholars consider targeted killing as legal under the international rules of war, because the terrorists are at war with the targeting state.[123] Ilan Berman, of the Ameriacn Foreign Policy Council, said that: "Under international law, the use of targeted killings, while unusual, is entirely defensible. To be sure, this is an unconventional sort of conflict, but it is nonetheless a military one, in which the laws of war are applicable."[18] Similarly, Tamar Meisels says in "The Trouble With Terror: Liberty, Security, and the Response to Terrorism" (Cambridge University Press, 2008) that because terrorists use military or paramilitary tactics, terrorism may be seen as a form of warfare, which implies a state of war (though not as clear-cut as a war between states). Therefore, she opines, those fighting terrorism are engaged in a war with terrorist organizations, and methods used to fight wars may be used to combat terrorism.[131]
Others make a case that targeted killing adheres to the international law of armed conflict principles of proportionality and distinction, which are intended to limit collateral damage.[2]- "Proportionality" is the principle stating that the "destruction of civilian property must be proportional to the military advantage gained."[2] Targeted killing uses the minimum level of force needed to carry out legitimate self-defense.[2] Judge Sofaer similarly wrote that while targeted killing may result in collateral damage, and it is impossible to guarantee that targeted killings will be soundly planned and implemented, such damage "must be avoided to the extent possible consistent with the military objective, and it must not be unreasonable in the circumstances".[6]
- "Distinction" requires combatants to distinguish between combatants and non-combatants.[2] When targeted killing works perfectly, the only ones killed are the perpetrators or backers of terrorism.[61] When faced with alternatives of military invasion, carpet bombing, military sweeps, or artillery barrage, targeted killing---8212;while regrettable---8212;is deemed preferable.[61]
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http://en.wikipedia.org/wiki/Targete...#Justification
so putting down OBL was justified under both US domestic and international law.
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