Night Strike wrote:BigBallinStalin wrote:No matter how people would like to twist things, the fact is that killing Osama bin Laden is still an extrajudicial killing (or murder if one wants to go there). There were no war crimes for which he was tried, so there was no semblance of justice, which was similar to the justice meted against Nazi war criminals and Serbian war criminals.
How was it extrajudicial? Osama's organization attacked the United States, so we were well within our rights as a sovereign nation as well as a member of international organizations such as the UN to seek out and kill those responsible for the attacks. Here's a law review of the situation:
http://www.law.virginia.edu/html/news/2011_spr/cnsl.htm
Here's how it was extrajudicial:
1) Congress has Constitutional authority to issue a Resolution of War. Congress failed to do that with Al Quaeda.
2) Congress does NOT have Constitutional authority to relinquish its power to declare war and instead grant it to the President of the United states; but with part of that Patriot act, authorizing "the President to pursue terrorists to the ends of the earth," Congress relinquished its power to declare war.
3) By various treaties, the United States is expected to uphold the rights of other sovereign nations (with whom we are not at war,) by making no unauthorized entry or acts against its citizens. Whether this was violated is ambiguous. Did Pakistan allow us there? Yeah. Maybe not specifically for what occured May 1, but we were allowed to be in Pakistan, so the rights of that sovereign nation were not violated. Then, the question is, was OBL's residency there a sign that he was a citizen of Pakistan? Well, since the Pakistan government has been the victims of OBL actions, and since at least publicly the Pakistan government has continued to offer US some support in "get Osama," then it's probable that going in against Osama did not violate sovereign nation/citizen rights after all. But, it's ambiguous, since none of these actions were officially sanctioned by treaty.
4) Obama ordered the "kill or capture," of a person with whom the United States was not officially at war. The President doesn't have that authority, other than the ambiguous and non-constitutional Patriot Act (ambiguous because, "persue to the ends of the earth," does not specifically say, "assassinate.")
I wish Congress would make an official Constitutional Amendment to explain just how America should respond to non-sovereign-nation groups that declared war on us (U.S.) but.. it has not.
Since it has not, Obama's actions were, indeed, "extrajudicial."
And I'm okay with that... in this instance. His other choice was to bomb, which legally and by treaty he could have done, as that does not mean he sent in troops to a sovereign nation to assassinate someone.
I prefer the strike team/assassinate method over bombing, and doing nothing would have been intolerable to this United States citizen.
Fortunately, "impeachment" - while feasible - is also impractical, because impeachment also requires political influence. And, while there are a few Americans who believe Obama shouldn't have directed what he directed, those are, fortunately, DAMNED FEW... so impeachment is not viable and as such, won't be attempted.
But the "impeachment" is feasible simply because Obama failed to "uphold the Constitution," (as Bush failed to uphold the Constitution, as several terms of Congress have failed to uphold the Constitution) by operating against Al Quaeda using the Patriot Act instead of a Constitutionally authorized Declaration of War.
p.s.
However, Obama is NOT guilty of War Crimes. The United States was never Constitutionally at War with Al Quaeda; if it was, then what Obama did was PERFECTLY LEGAL. Reason: It's perfectly legal to KILL an opposition commander, and that's precisely what OBL was. (It's just not legal to capture and torture him.)
Thus, Obama's orders were extrajudicial because the United States Congress under Bush or Obama, never officially, Constitutionally, declared War.