35
   

What precedent does Bin Laden's killing set?

 
 
Cycloptichorn
 
  1  
Reply Wed 4 May, 2011 08:58 am
@joefromchicago,
joefromchicago wrote:

Cycloptichorn wrote:
Those who run around claiming culpability for an event ought not to be surprised when they are held responsible for that event. I think that, if anything, the precedent set by this killing is that they will be held responsible.

As Thomas pointed out, OBL took responsibility for the 9/11 attacks but he never claimed that he was a terrorist.


There's no meaningful distinction between the two.

Quote:
That was our interpretation of events. We don't execute "freedom fighters" without due process of law. Hell, we don't even extradite them. So to say that we can kill terrorists with impunity merely begs the question. After all, who gets to decide who's a terrorist?


We do, and so does anyone else. You may note that in my response to the original question - how would I feel if we refused to turn over a mass murderer to China, and they just came in and got them - I responded that I thought they would be justified in doing so, if our government was consciously refusing to turn that mass murderer over.

The real question of this thread is: how does the concept of 'rule of law' square with situations where the law is murky, or where the law doesn't adequately address the problem?

Cycloptichorn
joefromchicago
 
  1  
Reply Wed 4 May, 2011 08:58 am
@oralloy,
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?

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

So what?

oralloy wrote:
And the self-defense nature of the war even makes it pass muster with the UN Charter.

Possibly.
Setanta
 
  1  
Reply Wed 4 May, 2011 09:01 am
Great thread, by the way, Thomas . . . you shameless sophist, you . . .
0 Replies
 
H2O MAN
 
  -1  
Reply Wed 4 May, 2011 09:01 am
@djjd62,
djjd62 wrote:


holy ****, is that a unicorn in the garden


http://caffeinatedthoughts.com/wp-content/uploads/2010/04/Obama_Unicorn_Whisperer.jpg
joefromchicago
 
  2  
Reply Wed 4 May, 2011 09:05 am
@Cycloptichorn,
Cycloptichorn wrote:
There's no meaningful distinction between the two.

According to you.

Cycloptichorn wrote:
We do, and so does anyone else. You may note that in my response to the original question - how would I feel if we refused to turn over a mass murderer to China, and they just came in and got them - I responded that I thought they would be justified in doing so, if our government was consciously refusing to turn that mass murderer over.

Again, you're begging the question. One person's mass murderer is another's freedom fighter. Sure, we don't like mass murderers, as long as they're not our mass murderers.

On the other hand, if you're just saying that the most powerful country gets to decide who's a bad guy and who's a good guy, I agree -- as a practical matter, not necessarily as a legal or a philosophical one.

Cycloptichorn wrote:
The real question of this thread is: how does the concept of 'rule of law' square with situations where the law is murky, or where the law doesn't adequately address the problem?

That's the question?
JTT
 
  -2  
Reply Wed 4 May, 2011 09:07 am
@Cycloptichorn,
Quote:
I doubt that we would hide or support anyone who admitted to being a mass murderer, whether we supported their cause or not.


Ronald Reagan is just one of many, albeit he's a perfect example that shows what you've written here is patently false, Cy.
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 4 May, 2011 09:10 am
@joefromchicago,
Quote:
One person's mass murderer is another's freedom fighter.


Totally disagree with this assertion. It posits that no meaningful or objective judgment of people's actions can be made, and that all is relative. I can't agree to that.

Quote:
Quote:
Cycloptichorn wrote:

The real question of this thread is: how does the concept of 'rule of law' square with situations where the law is murky, or where the law doesn't adequately address the problem?

That's the question?


I believe that is the exact question here, yes. This thread is examining the tensions between the Rule of Law and the Rule of Force - both of which exist in our world.

Cycloptichorn
H2O MAN
 
  1  
Reply Wed 4 May, 2011 09:16 am


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

Mission accomplished, move on.
panzade
 
  1  
Reply Wed 4 May, 2011 09:20 am
I've got a question here. Why all the hand-wringing about OBL's assassination when over 1000 have perished from the unmanned drone program including approximately 300 civilians.

Quote:
The Department of Defense has confirmed that it does not compile statistics about the total number of civilians that have been killed by its unmanned drone aircraft.
The DOD disclosed this information in a letter in response to a Freedom of Information Act (FOIA) lawsuit filed by the American Civil Liberties Union demanding that the government disclose the legal basis for its use of unmanned drones to conduct targeted killings overseas.
H2O MAN
 
  0  
Reply Wed 4 May, 2011 09:27 am
@panzade,
Collateral damage.
0 Replies
 
JTT
 
  0  
Reply Wed 4 May, 2011 09:30 am
@Cycloptichorn,
Quote:
Sure, but that doesn't disprove my position. We can make meaningful distinctions between a guy like Von Braun and a guy like bin Laden.


What meaningful distinctions might you make in this case, Cy?

Quote:

Unit 731

After Imperial Japan surrendered to the Allies in 1945, Douglas MacArthur became the Supreme Commander of the Allied Powers, rebuilding Japan during the Allied occupation. MacArthur secretly granted immunity to the physicians of Unit 731 in exchange for providing America with their research on biological warfare.[7] American occupation authorities monitored the activities of former unit members, including reading and censoring their mail.[26] The U.S. believed that the research data was valuable. The U.S. did not want other nations, particularly the Soviet Union, to acquire data on biological weapons.[27]


The Tokyo War Crimes Tribunal heard only one reference to Japanese experiments with "poisonous serums" on Chinese civilians. This took place in August 1946 and was instigated by David Sutton, assistant to the Chinese prosecutor. The Japanese defense counselor argued that the claim was vague and uncorroborated and it was dismissed by the tribunal president, Sir William Webb, for lack of evidence. The subject was not pursued further by Sutton, who was likely aware of Unit 731's activities. His reference to it at the trial is believed to have been accidental.

http://en.wikipedia.org/wiki/Unit_731




But you don't have to go far from the shores of the US to find protection for mass murderers. Just look at Reagan in Nicaragua. The Contras, fully supported by the Reagan administration, the Contras, according to Reagan, were ""the moral equivalent of our Founding Fathers". Major mass murder there.

What meaningful distinctions might you make in this case, Cy?
0 Replies
 
Robert Gentel
 
  3  
Reply Wed 4 May, 2011 09:34 am
@mysteryman,
mysteryman wrote:
The decision to kill Osama had to have been made in a split second, by the person that pulled the trigger.


When the SEALs were told their mission they were told like this (paraphrasing from memory):

"We think we have found Osama, and your job is to kill him."

No, this was not a decision made in a split-second. Multiple sources have confirmed that this was a kill mission by design and the only people contradicting it make weak obfuscations about how there were also capture "contingencies".

Quote:
The safety of the team is the first priority in a situation like that, and all of the armchair quarterbacking cant change that fact.


You are making up "facts" as you go. From the very beginning (initially they were just going to drop a bomb) it was a kill mission. Their safety was not the top priority (it never is in such missions).
H2O MAN
 
  0  
Reply Wed 4 May, 2011 09:37 am
@Robert Gentel,
Bingo!
0 Replies
 
Ceili
 
  1  
Reply Wed 4 May, 2011 09:38 am
@Robert Gentel,
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.
H2O MAN
 
  1  
Reply Wed 4 May, 2011 09:43 am
@Ceili,
Ceili wrote:

the USA did exactly what the world wanted.


The USA is really the only country that could have pulled this off without any outside
assistance and this fact should weigh heavily on the minds of evil doers around the world.
0 Replies
 
Robert Gentel
 
  2  
Reply Wed 4 May, 2011 09:43 am
@Cycloptichorn,
Cycloptichorn wrote:
Totally disagree with this assertion. It posits that no meaningful or objective judgment of people's actions can be made, and that all is relative. I can't agree to that.


The point isn't that all are equal and relative but that a mechanism other than your ipse dixit is needed to differentiate them in order to have a scalable justice system.

It may just be obvious to you, but that doesn't mean a differentiating process codified in law is not needed.
Robert Gentel
 
  3  
Reply Wed 4 May, 2011 09:48 am
@panzade,
panzade wrote:
I've got a question here. Why all the hand-wringing about OBL's assassination when over 1000 have perished from the unmanned drone program including approximately 300 civilians.


1) See the tu quoque fallacy that this argument is based on.

2) The drone strikes are, themselves, controversial among many who pay attention to them. That most Americans don't is due to a luxury of being able to war with others without it interfering with their personal lives much.

In short, most Americans don't usually care all that much about how and who their military kills unless it suddenly affects their life in some way.
JTT
 
  0  
Reply Wed 4 May, 2011 09:50 am
@Setanta,
Setanta says:

Quote:
God, you do this **** all the time. Have you got a source for that? Oh yeah, i forgot . . . you're not my research assistant . . . you're "Zen."



Then in the next breath, Setanta says:
[/quote]The best reason for troops to go in in person is that a missle strike could have done a lot of collateral damage, and with no guarantee that bin Laden had actually been snuffed.[/quote]

But Setanta forgot to say to himself: "God, you do this **** all the time. Have you got a source for that?"

The US is really big on not doing collateral damage ...

the saturation bombing/carpet bombing in Vietnam, Laos and Cambodia, Shock and Awe in Iraq, the firebombing of Japanese cities, the firebombing of Dresden, the use of two atomic bombs in Japan, free fire zones in Vietnam, napalming villages, spreading depleted uranium all over some countries, cluster bombs spread far and wide around the world, villagers as human mine sweepers forced to walk ahead of US troops in Vietnam, Korea,

Quote:
Declassified military documents recently found in the US National Archives show clearly how US commanders repeatedly, and without ambiguity, ordered forces under their control to target and kill Korean refugees caught on the battlefield.

http://www.bbc.co.uk/history/worldwars/coldwar/korea_usa_01.shtml

0 Replies
 
JTT
 
  0  
Reply Wed 4 May, 2011 09:52 am
@Cycloptichorn,
Quote:
How many claim they are guilty, when they are in fact innocent - and there is a huge amount of evidence that they are guilty?


Yeah, look at all the "convictions" that the USA has obtained.
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 4 May, 2011 09:52 am
@Robert Gentel,
Robert Gentel wrote:

Cycloptichorn wrote:
Totally disagree with this assertion. It posits that no meaningful or objective judgment of people's actions can be made, and that all is relative. I can't agree to that.


The point isn't that all are equal and relative but that a mechanism other than your ipse dixit is needed to differentiate them in order to have a scalable justice system.


What would you suggest? I also disagree that I committed an ipse dixit.

Quote:
It may just be obvious to you, but that doesn't mean a differentiating process codified in law is not needed.


Is it, in fact, needed? That's the question. Must our Law cover all possible eventualities, or are people and countries expected to step outside the boundaries of the Law from time to time?

Cycloptichorn
0 Replies
 
 

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