35
   

What precedent does Bin Laden's killing set?

 
 
panzade
 
  1  
Reply Wed 4 May, 2011 09:57 am
@Robert Gentel,
Thanks for the intro to tu quoque. Priceless.
Other than that you're answer wasn't very satisfying.
0 Replies
 
JTT
 
  -2  
Reply Wed 4 May, 2011 09:57 am
@Finn dAbuzz,
Quote:
If there is a Chinese equivalent of Bin Laden, China can trust us to apprehend or kill him if we are given his location.


Not likely, Finn, but nice try. The terrorist, Orlando Bosch, not only found safe haven in the US, he was pardoned by Bush Sr.

Quote:
I love when moral relativists demand absolute moral standards.


I love it when you make an ass of yourself.
0 Replies
 
JTT
 
  -3  
Reply Wed 4 May, 2011 10:08 am
@sozobe,
Quote:
It could all be lies of course, but I just don't see a situation where the White House (Obama +) is lying about whether Bin Laden was killed in the midst of a firefight.


But you do see the value in not addressing Thomas's point that some armed invaders illegally entered a compound where a family was living and shot the place up and executed an unarmed man.

Nice touch about the woman being used as a shield, but nothing about the usual overwhelming concern of America troops on collateral damage.

Are seals aware of the existence of stun guns, stun grenades, ... ?

Did I hear it right that the US held off until after the wedding in the UK, but now we are supposed to believe that they couldn't hold off until they notified the proper authorities in a sovereign country of a man wanted for alledgedly being involved in some crimes?

0 Replies
 
JTT
 
  0  
Reply Wed 4 May, 2011 10:11 am
@hawkeye10,
Quote:
U.S. forces then moved upstairs where they found bin Laden in a room with a woman believed to be his wife — both unarmed, Carney said. She rushed the U.S. forces and was shot in the leg but not killed. Bin Laden resisted and was shot and killed, Carney said


She attacked and was shot in the leg, Osama "resisted" and he was shot twice, "boom boom" in the left side of the head.

Drunk Rolling Eyes
0 Replies
 
JTT
 
  -3  
Reply Wed 4 May, 2011 10:12 am
@Finn dAbuzz,
Quote:
Cyclo - Every now and again we agree completely, and this is one of those times.


Note that it's always when Cy is being a complete doofus, Finn.
0 Replies
 
JTT
 
  -3  
Reply Wed 4 May, 2011 10:16 am
@hawkeye10,
I think we can forgive the US here. It's probably just some miscommunication or oversight. It's not like the US to normally be caught up in a web of lies, perfidy and grand deception.
0 Replies
 
JTT
 
  -3  
Reply Wed 4 May, 2011 10:31 am
@Lash,
Quote:
It is my impression that our military has been attempting to locate and capture him to answer for the murders and prevent more since 2001. I think revenge slips a bit easily from your keyboard. He deserved to be arrested, detained and punished.


You seem to be seriously conflicted in your impressions, Lash, not to mention, seriously confused. You say "revenge" slips easily from Walter's keyboard - you obviously haven't been reading or applauding your countryfolk's take on this.

Notice your last sentence, "He deserved to be arrested, detained and punished." That's what Walter has been saying all along, as has Thomas. Since you came in on this issue, that's not been your take at all.

0 Replies
 
JTT
 
  -3  
Reply Wed 4 May, 2011 10:44 am
@Setanta,
Quote:
As for Pakistan's sovereignty, given that ISI helped Al Qaeda and the Taliban to fight American troops in 2001-2002 i'd say Pakistan had little consideration coming.


You've just provided hundreds of countries with a moral argument that would vindicate them should they wish to enter the US and take out the thousands of terrorists/war criminals that reside there.
0 Replies
 
JTT
 
  -3  
Reply Wed 4 May, 2011 10:45 am
@Setanta,
Quote:
More than once the United States has asked for bin Laden to be handed over. ... The Taliban would not hand him over after the September 11th attacks,


This is a lie, a big one and a common one. But aren't you supposed to be the "historian", Set?
0 Replies
 
JTT
 
  -4  
Reply Wed 4 May, 2011 10:55 am
@Setanta,
Quote:
which is now being ignored in the the pious and self-congratulatory remarks about due process. That is the concept of hostem humani generis. One could argue that the motives of pirates and international terrorists are not the same, but the effects are the same.


And the former director of the National Security Agency said

"By any measure the US has long used terrorism. In ‘78-79 the Senate was trying to pass a law against international terrorism - in every version they produced, the lawyers said the US would be in violation".

The remarks, "the pious and self-congratulatory remarks about due process", are especially ironic, Setanta.

It's not that the concept doesn't exist, it's the stunning level of hypocrisy. Again, it's like there's two universes here. What would prevent you from discussing OBL's intimate relationship with the US that allowed the US to teach their enemy, the USSR, a big lesson, at the expense of, not 3000 people, but possibly a million or more Afghans.

US politicians of the time thought that a million or two Afghans was a more than reasonable price to pay to get back at the USSR.
0 Replies
 
JTT
 
  -3  
Reply Wed 4 May, 2011 11:03 am
@maxdancona,
Quote:
Think of what a trial would have put us through. It would have been a long, painful mess that would have kept his face on the television for months.

This clearly was the best way.


Again with the "us" ****, and from a guy who normally thinks. Jesus, Max, think what y'all have put the people of Iraq & Afghanistan through because y'all absolutely lack anywhere near the necessary moral courage to bring the criminals that were your government to justice.
0 Replies
 
JTT
 
  -3  
Reply Wed 4 May, 2011 11:11 am
@djjd62,
Quote:
I also submit that in the Muslim world, a belief in our hypocrisy is so firmly enshrined that no such trial would have the effect you assert.



Quote:
you could have left the word muslim out of that sentence


Truer words have never been spoken. And it will make no dent whatsoever in that thick shield of delusion that is so evident in this an other threads.

Whoever would have thought that an event like this would have gone this far to bring out the best in so many Americans?
0 Replies
 
JTT
 
  -2  
Reply Wed 4 May, 2011 11:15 am
@Setanta,
The red brigades in Italy, Japan or their German counterparts, or the IRA did not have to fly thousands of miles, set up sleeper organizations, take flying lessons, acquire expensive munitions (such as were used against U.S.S. Cole), or acquire expensive vehicles (such as was used in the first atempt on the World Trade Center), or they were supported by renegade national groups such as Got-Daffy's Libya.

in which case they had to "fly thousands of miles, set up sleeper organizations, probably some take flying lessons, acquire expensive munitions, ... .
0 Replies
 
JTT
 
  -2  
Reply Wed 4 May, 2011 11:20 am
@H2O MAN,
Definitely not photoshopped.
0 Replies
 
oralloy
 
  1  
Reply Wed 4 May, 2011 11:53 am
@joefromchicago,
joefromchicago wrote:
oralloy wrote:
There is a good body of international law covering wars between a state and a non-state group. The 1977 Additional Protocol II to the Geneva Conventions, for example:


How does the Additional Protocol apply to an international conflict?


An international conflict is defined as a conflict between two or more recognized nation states (for instance the US vs Russia).

Since al-Qa'ida and the Taliban are not recognized nation states, this war is not defined as an international conflict, but is instead defined as a non-international conflict.

(Don't blame me. I didn't write the definitions.)

Here us how the US Supreme Court put it in Hamdan v. Rumsfeld:

Quote:
The D. C. Circuit ruled Common Article 3 inapplicable to Hamdan because the conflict with al Qaeda is international in scope and thus not a “conflict not of an international character. ” That reasoning is erroneous. That the quoted phrase bears its literal meaning and is used here in contradistinction to a conflict between nations is demonstrated by Common Article 2, which limits its own application to any armed conflict between signatories and provides that signatories must abide by all terms of the Conventions even if another party to the conflict is a nonsignatory, so long as the nonsignatory “accepts and applies” those terms. Common Article 3, by contrast, affords some minimal protection, falling short of full protection under the Conventions, to individuals associated with neither a signatory nor even a nonsignatory who are involved in a conflict “in the territory of” a signatory. The latter kind of conflict does not involve a clash between nations (whether signatories or not). Pp. 65–68.

http://www.law.cornell.edu/supct/html/05-184.ZS.html
http://www.supremecourt.gov/opinions/05pdf/05-184.pdf



We actually are not a party to that particular protocol, but it serves as a handy example to show that non-international conflicts are recognized in international law.




joefromchicago wrote:
oralloy wrote:
Also, the US Congress gave approval for the war before it started:


So what?


Getting the approval of Congress before you go to war is one of the trappings of war.
joefromchicago
 
  1  
Reply Wed 4 May, 2011 12:59 pm
@oralloy,
oralloy wrote:

joefromchicago wrote:
How does the Additional Protocol apply to an international conflict?

...
Here us how the US Supreme Court put it in Hamdan v. Rumsfeld:

That's a discussion of Common Article 3 of the 1949 Geneva Conventions, not on the Additional Protocol. I still don't see how Additional Protocol II would apply to an international conflict.

oralloy wrote:
We actually are not a party to that particular protocol, but it serves as a handy example to show that non-international conflicts are recognized in international law.

I have no doubt that such conflicts are recognized in international law, I just don't understand how Additional Protocol II would be applicable.

oralloy wrote:
Getting the approval of Congress before you go to war is one of the trappings of war.

Well, not really -- at least not in modern times. But even if it were, that's simply a matter of domestic politics. Is there a requirement in international law for a state to declare war before it initiates hostilities?
Eorl
 
  1  
Reply Wed 4 May, 2011 06:41 pm
@H2O MAN,
H2O MAN wrote:

The mission was to eliminate Osama, it was never a mission to arrest him.

Mission accomplished, move on.

This is defendable if your state values American lives above those of others, which it probably does, and probably wouldn't apoligise for.
0 Replies
 
Eorl
 
  1  
Reply Wed 4 May, 2011 06:56 pm
@Ceili,
Ceili wrote:

I didn't say that I found this right, just or it was my preference. I simply stated it was what it was. It's also my observation that the whole world was complicit in this act. No one from the first day the warrant was issue tried in anyway to stop it from happening. There fore, it is my conclusion, that for the most part, the USA did exactly what the world wanted. There will be no world court cases heard on this because the vast majority of people gave a sigh of relief. No anger was shown before when the warrant was first issued, and fully understood as death to OBL. For anyone to say they expected differently is to say they are full of it. This was to be the only outcome. And the wringing of hands in the aftermath is suspect. Where were all the champions of law and order when the fatwa was announced or in the years since.
Quiet.
Believe me, I don't like cowboy justice, but in this case, I don't think there was ever another option and I don't think anyone ever expected a kinder gentler ending. The writing was on the wall.


I think you overestimate the degree to which the American response to 9/11 was universally accepted. There was plenty of sympathy for the victims but not everyone understands the need for vengeance, which is what this clearly is. If America wanted justice, it would have prefered to take him alive.
I think the PRIMARY PURPOSE of any system of justice is that is supposed to protect all, from the absolute least deserving, from abuse of power. To say cowboy justice is sometimes OK is to support cowboy justice. I think it is precisely when the vast majority are calling for a man's death without trial, that civilisation and law should have the courage to stand firm. Where do you think Atticus Finch would stand on this issue?
ossobuco
 
  1  
Reply Wed 4 May, 2011 06:58 pm
@panzade,
Yeah.
0 Replies
 
Ceili
 
  0  
Reply Wed 4 May, 2011 08:46 pm
@Eorl,
Eorl. I'm not American and I think I have my own unique perspective, just as you have yours.
In a perfect world, a trial would have been preferable. There's no doubt due process should have been the course of action. However, I didn't for one minute think OBL would live to see a trial. As I've said, the USA was very open with their warrant. For almost 10 long years, every nation on earth knew what the Americans had in store for Osama. The only difference between this case and the Russians or Israelis or whoever commits these assassinations are, that OBL was also known world wide, because his self-admitted crimes were committed world wide.
So, no I don't see the US having to defend it's self on the world court. I think most are relieved this chapter is over, and those few who are opposed won't press the matter. I also don't think Cowboy justice is sometimes ok. I just calls 'em as I sees 'em, and in the case, the was never another option. Osama was doomed from the get go. To feign surprise at the outcome is just playing with words.


 

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