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Judged by the assassination of bin Laden is American justice just? : Comments
By Jo Coghlan, published 18/5/2011The legality or illegality of the bin Laden killing partly rests on whether SEAL commandos were ordered to detain or kill Bin Laden.
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One of the respndents clearly does not like lawyers but has he/she considered that the law is the thin line that divides civilized people from the barbaric nonsense that equates murder with justice.
Assuming for the moment that the person allegedly killed was in fact bin Laden (by no means a certainty) he was protected by the Geneva conventions as the leader of a militia type group. As such he was entitled to be treated as a prisoner of war. On the Americans own account he was not armed, not offering resistance and there was no evidence that he had weapons or explosives concealed on his person. One cannot in law shoot someone because they might pose a threat.
There is also the question of the right of the Americans to unilaterally invade another country's sovereign jurisdiction. the Pakistan government says that it was not informed in advance and if true they cannot have consented. The Seals were therefore acting in breach of international law in doing what they did.
The writer of the srticle also assumes that bin Laden was responsible for 9/11. In fact he did not confess and always denied involvement. The FBI said they had no hard evidence linking OBL to 9/11 and he is/was not on their most wanted list for that crime.
Given the rapid changes in the official story and the huge number of unanswered quesitons about this murder and disposal of the body one should be very cautious in jumping to any conclusions on the evidence to date. Much less should we be lauding the Americans for what they have done. Australia is not advantaged by association with such international lawlessness.