May 14, 2011

Other views: Marjorie Cohn and Noam Chomsky on the assassination of Osama bin Laden

"The Targeted Assassination of Osama Bin Laden", by Marjorie Cohn, and "Noam Chomsky: My Reaction to Osama bin Laden’s Death."

"The Targeted Assassination of Osama Bin Laden"

By Marjorie Cohn: "When he announced that Osama bin Laden had been killed by a Navy Seal team in Pakistan, President Barack Obama said, “Justice has been done.” Mr. Obama misused the word, "justice" when he made that statement. He should have said, "Retaliation has been accomplished." A former professor of constitutional law should know the difference between those two concepts. The word "justice" implies an act of applying or upholding the law.

Targeted assassinations violate well-established principles of international law. Also called political assassinations, they are extrajudicial executions. These are unlawful and deliberate killings carried out by order of, or with the acquiescence of, a government, outside any judicial framework.

Extrajudicial executions are unlawful, even in armed conflict. In a 1998 report, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions noted that “extrajudicial executions can never be justified under any circumstances, not even in time of war.” The U.N. General Assembly and Human Rights Commission, as well as Amnesty International, have all condemned extrajudicial executions.

In spite of its illegality, the Obama administration frequently uses targeted assassinations to accomplish its goals. Five days after executing Osama bin Laden, Mr. Obama tried to bring “justice” to U.S. citizen Anwar al-Awlaki, who has not been charged with any crime in the United States. The unmanned drone attack in Yemen missed al-Awlaki and killed two people “believed to be al Qaeda militants,” according to a CBS/AP bulletin." ...
Read article here, published on Tuesday, May 10, 2011 by CommonDreams.org

It’s increasingly clear that the operation was a planned assassination, multiply violating elementary norms of international law. There appears to have been no attempt to apprehend the unarmed victim, as presumably could have been done by 80 commandos facing virtually no opposition—except, they claim, from his wife, who lunged towards them. In societies that profess some respect for law, suspects are apprehended and brought to fair trial. I stress “suspects.” In April 2002, the head of the FBI, Robert Mueller, informed the press that after the most intensive investigation in history, the FBI could say no more than that it “believed” that the plot was hatched in Afghanistan, though implemented in the UAE and Germany. What they only believed in April 2002, they obviously didn’t know 8 months earlier, when Washington dismissed tentative offers by the Taliban (how serious, we do not know, because they were instantly dismissed) to extradite bin Laden if they were presented with evidence—which, as we soon learned, Washington didn’t have. Thus Obama was simply lying when he said, in his White House statement, that “we quickly learned that the 9/11 attacks were carried out by al Qaeda.” ...

Read full article here. Published on Saturday, May 7, 2011 by Guernica Magazine