Elliott C. Back: Internet & Technology

Obama Murders Osama: The Illegal Assassination of America’s #1 Enemy

Posted in Homeland Security,Law,Politics,President by Elliott Back on May 6th, 2011.

What gave President Obama the right to order Navy Seals to invade the foreign sovereign nation of Pakistan, fly inland 50 kilometers from the Capital, and murder an unarmed foreign citizen? According to Reuters, “‘this was a kill operation,’ U.S. national security official [said], clarifying no desire to capture Osama bin Laden alive.” In the NY Times article New U.S. Account Says Bin Laden Was Unarmed During Raid, they clarify:

Bin Laden’s wife, who was with him in the room, “rushed the U.S. assaulter and was shot in the leg but not killed,” said the White House spokesman, Jay Carney, reading from the brief account, which was provided by the Defense Department. “Bin Laden was then shot and killed. He was not armed.”

Despite expecting Bin Laden to put up a fight, Mr. Brennan said the assault team had made contingency plans for capturing, rather than killing him. “If we had the opportunity to take Bin Laden alive, if he didn’t present any threat, the individuals involved were able and prepared to do that,” he said.

After the atrocities of World War II, there were held a series of military tribunals called the Nuremberg Trials, where German leadership was tried under doctrine drawn up by the occupying powers. By attempting to create and follow a criminal war-crimes procedure rooted in justice, the trials dispelled notions of “victor’s justice” and “murder by court.”

So why couldn’t we do the same with Osama? Here are two reasons why we should:

Executive Order 12333

In 1981, President Ronald Reagan signed into law this order which stated that “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” This restated Gerald Ford’s ban on political assassinations, and Jimmy Carter’s ban on indirect assassination. Of course, this does not apply to enemy combatants…

“Grave Breaches” of the Geneva Convention

We haven’t seen any evidence that Osama was actively engaged against the United States; when he was confronted by Navy Seals, he was unarmed. He should therefore have been accorded protection as a prisoner of war, fairly treated, and granted a fair trial. Instead he was assassinated.

I’d like to leave you with this quote from Reason’s Did the killing of Osama bin Laden violate U.S. law?:

“We’re violating our basic values and our basic principles, which is that we accord everybody due process and we don’t engage in summary executions,” argued libertarian Fox Business Channel host Judge Andrew Napolitano. “Justice is not a summary execution by a Navy SEAL in your bedroom.”

The Economist’s obituary of Osama bin Ladin is also worth reading.

Update: In the LA Times article “Osama bin Laden’s son says U.S. broke international law ‘if’ his father is dead”, Omar bin Ladin says “We are not convinced on the available evidence in the absence of dead body, photographs, and video evidence that our natural father is dead.” Omar also accuses the US of “breaking international law by killing the unarmed terrorist leader without a trial.”

This entry was posted on Friday, May 6th, 2011 at 10:37 pm and is tagged with . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback.

2 Responses to “Obama Murders Osama: The Illegal Assassination of America’s #1 Enemy”

  1. flapdoodle says:

    The circumstances of the killing of OBL create suspicion from any honest person with the slightest education in world history. The USA, by unilaterally imposing summary execution on OBL, is deliberately sending a message to the world and to its own citizens that the American totalitarian spring is in full bloom. USA media and USA liberals, by their complicity with Obama’s action, are voicing their support or at least acquiecense to totalitarianism.

  2. Lydia says:

    Refreshing view!

    Great to see that you are not in favor of trashing our laws, our principles, and our humanity as is most of the nation!

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