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== Legal Justifications == | == Legal Justifications == | ||
Political leaders all over the world have an oath of office binding them to the laws of the land - and, directly or indirectly, to international law. Therefore, the primary legitimation of officially ordered killings should be a legal one. | |||
* | === Law of Peace === | ||
*Was it self-defense? There was no immiment threat by bin Laden to those who broke into his home. Much to the contrary: the soldiers were the intruders and if bin Laden as owner had defended his house against the intruders and had killed one or more of them, he would have had a better case going for him than George Zimmerman had against Trayvon Martin. | |||
*Was it a lawful penal execution? Certainly not. There had been no verdict, no accusation, no trial, no judge, no defense, there had been nothing but an organized killing on foreign grounds - without the foreign government having been asked for consent nor even informed. | |||
=== Law of War === | |||
*In their article "Has 'Justice been done'? The legality of bin Laden's killing under international law" (Israel Law Review 45, 2012: 341-366) Kai Ambos and Josef Alkatouta argue that the killing does not benefit from the rules of war, since | |||
**the killed person had not - at the given time - taken part in hostilities and that the killing, therefore, was an unlawful one. Extralegal executions are punishable as homicides. | **the killed person had not - at the given time - taken part in hostilities and that the killing, therefore, was an unlawful one. Extralegal executions are punishable as homicides. | ||
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(S/PRST/2011/9) is questionable: ‘The Security Council welcomes the news on 1 May 2011 that Osama bin | (S/PRST/2011/9) is questionable: ‘The Security Council welcomes the news on 1 May 2011 that Osama bin | ||
Laden will never again be able to perpetrate such acts of terrorism’. | Laden will never again be able to perpetrate such acts of terrorism’. | ||
== Higher Justice? == | == Higher Justice? == | ||