[LINK] bin Laden is dead

Ivan Trundle ivan at itrundle.com
Wed May 4 11:14:26 AEST 2011


On 04/05/2011, at 10:39 AM, Karl Auer <kauer at biplane.com.au> wrote:

> the end result was an illegal and unethical killing, without due process and outside the rule of law.

US military ethics clarify the justification of the use of force. The 'rule of law' is not easily determined here: the US justifies killing any member of al Qaeda by virtue of being 'at war with terrorism', ergo operatives become 'combatants'. The legality of this position is precarious to say the least.

However, conflating morality with law is risky. 

'Due process' is an American legal term, used in American law (and a spin-off from the Magna Carta).

I doubt that any international court would attempt to tick off the US over this. But many will ask if it was necessary, or indeed wise to allow him to avoid being 'brought to justice' - by being killed - even the Muslim world agree on this point. 

The timing of this is important for people living in the Middle East right now. 

iT



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