Osama bin Laden's Death: Unterschied zwischen den Versionen

Osama bin Laden's Death (Quelltext anzeigen)

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 === Law of War ===
-According to Kai Ambos and Josef Alkatouta (2012) In their article "Has 'Justice been done'? The legality of bin Laden's killing under international law" (Israel Law Review 45, 2012: 341-366) argue that the killing does not benefit from the rules of war, since
+According to Ambos and Alkatouta (2012) the law of war does not justify the killing either.
-**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.
-*member of an "organised armed group" in the sense of the law (in which case he could have been killed qua membership and regardless of his activities).
+*First of all, they argue, the privileged legalization of killings of  members of an armed enemy group qua membership (i.e. regardless of their concrete actions) does not apply to the elimination of bin Laden, since that would have reuqired bin Laden to be a member of an "organised armed group" in the sense of the law
-In the case of Bin Laden, there was neither an armed conflict between the U.S. and Al Qaeda, nor participated bin Laden in hostilities nor was there an organized armed group.
+*Secondly, bin Laden was not - at that time - actively participating in hostilities against the U.S.
-In spite of the ease with which international law regards killings as lawful, it cannot justify the killing of bin Laden.
+*Thirdly, there was no armed conflict between the U.S. and Al Qaeda.
+While international law is rather permissive with regard to (even mass) killings, its justifications do not spread all the way to cover the killing of bin Laden under the given circumstances.
 === Law of Peace ===