Osama bin Laden's Death: Unterschied zwischen den Versionen

Osama bin Laden's Death (Quelltext anzeigen)

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→‎The Legal Debate

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 The dominant political discourse shows no doubts that what happened was "just". President Obama proclaimed at the White House: "And on nights like this one, we can say to those families who have lost loved ones to al Qaeda’s terror: Justice has been done", and UN Secretary General Ban Ki-Moon said: "Personally, I am very much relieved by the news that justice has been done." In Germany, chancellor Angela Merkel phrases it a little differently, saying: "Ich freue mich darüber, dass es gelungen ist, Bin Laden zu töten." Evidently, she, too, albeit daughter of a Protestant pastor, whose church preaches "Thou Shalt Not Kill", thinks what happened was an act of justice.
-== The Legal Debate ==
+== Justice = Legality? ==
+Fundamentally, of course, the killing of a person is prohibited by law, and it is considered a serious crime. Normally, therefore, to kill a person is seen as unlawful and unjust. To be in accordance with the law, the killing has to occur under exceptional circumstances:
+*in peacetime, to kill a person can be justified as
+**an act of self-defense against an imminent threat or
+**judicial execution of a death sentence.
+*in wartime, to kill a person can be justified
-This referred to the fact that - while killing a person is generally prohibited by law and subject to criminal prosecution as homicide - there are certain exceptions in which such a killing can be justified, the most well-known of these being self-defense and the legal execution that carries out a judicial death sentence. In times of war, even mass killings are tolerated as long as they concern enemy troops. Wartime law not only legitimizes killing enemies actually engaged in hostilities, but also non-aggressive members of enemy troops qua membership in the enemy's armed forces.
+**against an enemy engaged in hostilities
+**against an enemy not engaged in hostilities qua his membership in a hostile armed group (i.e.: in times of war, even mass killings are tolerated as long as they concern enemy troops).
 == Circumstances of the Killing ==