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stuabroad May 6th 2011 4:29 am

Re: Bin Laden dead
 
1 Attachment(s)
saw this on Facebook...

Alan2005 May 6th 2011 5:11 am

Re: Bin Laden dead
 

Originally Posted by macadian (Post 9347000)
In exceptional circumstances 'Marquis of Queensbury' rules (rightly or wrongly) are abandoned in the pursuit of the greater good......

Taking out Bin Laden IMHO was such an exceptional circumstance.....

Not many are going to be unhappy that he was killed, or even say that he didn't deserve it. He did deserve it, but that's not the same as being happy that our governments behave in this way.

Ultimately this is just another sign that the west is less democratic now than it was before 9/11. Extra-judicial killings, detention without trial etc; these are not things that so-called western liberal democracies should be engaged in. The state is increasingly getting more and more such powers over us, the power to commit crimes or remove our freedom in the name of "security". This trend is not a good thing.

If you actually like democracy, you should not be happy about the methods used to assassinate bin laden, even if the outcome matches your political outlook.

JamesM May 6th 2011 5:38 am

Re: Bin Laden dead
 
The only legal way they could've got Bin Laden to trial was to send the Pakistani police around to arrest him. They probably would've missed him, lost him or forgot to look under the bed.

Then they would of had to extradite him. How many months would Pakistani law have taken to do that?

Then a very lengthy court trial where ever. He is not a head of state or a dictator of a country so would it be the Hague?

We would've sat through months of an expensive phoney trial where he had no chance of ever proving his innocenece and then what? He sit's in a rediculously expensive security facility for the rest of his life with groups constantly protesting for his release and events carried out in his name.

Easier to just exterminate him.

Oink May 6th 2011 5:48 am

Re: Bin Laden dead
 
They gave Goring a trial and he ordered the killing of far more people than bin Laden. And the bombing of Guernica wasn't a war act if you were going argue that one.

el_richo May 6th 2011 5:58 am

Re: Bin Laden dead
 
Democracy is great until they realise it's not effective in certain situations. Then what?

Alan2005 May 6th 2011 6:07 am

Re: Bin Laden dead
 

Originally Posted by JamesM (Post 9347690)
Easier to just exterminate him.

Probably easier to stick a bullet in peter sutcliffes head too. Why stop there, it's probably easier to kill loads of people - what about bradley manning?

The state shouldn't be murdering people because it's easier or cheaper than the democratic alternative.

Oink May 6th 2011 6:09 am

Re: Bin Laden dead
 

Originally Posted by el_richo (Post 9347722)
Democracy is great until they realise it's not effective in certain situations. Then what?

This where we all come a bit of a cropper. Define and operationalize democracy.

Alan2005 May 6th 2011 6:12 am

Re: Bin Laden dead
 

Originally Posted by Oink (Post 9347747)
This where we all come a bit of a cropper. Define and operationalize democracy.

Tricky. Although I reckon that it is necessary for a democracy to be governed by a set of laws that applies equally to all regardless of who they are.

JamesM May 6th 2011 6:17 am

Re: Bin Laden dead
 

Originally Posted by el_richo (Post 9347722)
Democracy is great until they realise it's not effective in certain situations. Then what?

Pretty effective if you ask me. The people of the United States elected a president who eliminated a man saving them hundred's of thousands of dollars in legal fees and protection costs.

The majority of people seem delighted to me.

The electorate has spoken and all that.

Oink May 6th 2011 6:17 am

Re: Bin Laden dead
 

Originally Posted by Alan2005 (Post 9347753)
Tricky. Although I reckon that it is necessary for a democracy to be governed by a set of laws that applies equally to all regardless of who they are.

The problem is, when a nation states that purports to some sort of shinning-city-on-the-hill in regards to democratic values, seems to pick and choose at their convenience when those set of laws should and should not apply, even when they've written them down in a document.

el_richo May 6th 2011 6:19 am

Re: Bin Laden dead
 

Originally Posted by Oink (Post 9347747)
Define and operationalize democracy.

*opens new window and search's wikipedia*

Almost Canadian May 6th 2011 6:20 am

Re: Bin Laden dead
 

Originally Posted by Alan2005 (Post 9347753)
Tricky. Although I reckon that it is necessary for a democracy to be governed by a set of laws that applies equally to all regardless of who they are.

Did this occur on US soil? Did he ever subject himself to US law (I say US for the sake of space, I appreciate that International Law may have something to say about it)? Thought not. That being the case, I guess we can accept that he got what was appropriate when one engages in Jihad.

Woud it have been more acceptable to you if he had shot back at those that did the shooting?

We will see if s/he wot ordered the operation is ever put on trial. If not, one must assume that s/he complied with the law of the US. Just as we have to accept that every accused that is acquited is innocent of the crime they were accused of - no?

iaink May 6th 2011 6:23 am

Re: Bin Laden dead
 
I suppose it depends if you look at this situation as an act taken during a legitimate war.

No one would have been upset had a crack SAS brigage taken out Hitler or Goering, after all in a war they would be legitimate targets to hasten the end of hostilities.

Is the "War Against Terror" so very different? Its clearly not "nation against nation", but both sides announced their intentions some time ago. Just hard to declare war in a legal way when there is such an informal enemy.

Almost Canadian May 6th 2011 6:23 am

Re: Bin Laden dead
 

Originally Posted by Oink (Post 9347766)
The problem is, when a nation states that purports to some sort of shinning-city-on-the-hill in regards to democratic values, seems to pick and choose at their convenience when those set of laws should and should not apply, even when they've written them down in a document.

As I said above, one assumes that there are enough care bears in the US to take some sort of action against those that breached their rules. Can you please supply a document that you allege was breached?

iaink May 6th 2011 6:25 am

Re: Bin Laden dead
 

Originally Posted by Almost Canadian (Post 9347771)
We will see if s/he wot ordered the operation is ever put on trial. If not, one must assume that s/he complied with the law of the US.

What, like Nixon:sneaky: Clearly he broke the law as president, but was never tried...

Almost Canadian May 6th 2011 6:26 am

Re: Bin Laden dead
 

Originally Posted by iaink (Post 9347777)
I suppose it depends if you look at this situation as an act taken during a legitimate war.

No one would have been upset had a crack SAS brigage taken out Hitler or Goering, after all in a war they would be legitimate targets to hasten the end o g hostilities.

Is the "War Against Terror" so very different? Its clearly not "nation against nation", but both sides announced their intentions some time ago.

The SAS hadn't been formed when WWII was taking place, if my regimental history serves me correct.

JamesM May 6th 2011 6:26 am

Re: Bin Laden dead
 

Originally Posted by Alan2005 (Post 9347753)
Tricky. Although I reckon that it is necessary for a democracy to be governed by a set of laws that applies equally to all regardless of who they are.

It does apply equally to all that are part of their election process. Bin Laden was not- infact his sole aim was to destroy their ideology through any means necessary.............

Almost Canadian May 6th 2011 6:28 am

Re: Bin Laden dead
 

Originally Posted by iaink (Post 9347784)
What, like Nixon:sneaky: Clearly he broke the law as president, but was never tried...

Lots of people break the law and are never tried; it is only Presidents that are exempt from the operation of the law? I thought the President that followed him "pardoned" him.

iaink May 6th 2011 6:29 am

Re: Bin Laden dead
 

Originally Posted by Almost Canadian (Post 9347786)
The SAS hadn't been formed when WWII was taking place, if my regimental history serves me correct.

1941, SBS was 40. not that it matters to the point I was making.

Oink May 6th 2011 6:30 am

Re: Bin Laden dead
 

Originally Posted by Almost Canadian (Post 9347780)
As I said above, one assumes that there are enough care bears in the US to take some sort of action against those that breached their rules. Can you please supply a document that you allege was breached?

The fifth and sixth amendments to the US constitution.

Oink May 6th 2011 6:33 am

Re: Bin Laden dead
 

Originally Posted by JamesM (Post 9347787)
It does apply equally to all that are part of their election process. Bin Laden was not- infact his sole aim was to destroy their ideology through any means necessary.............

So using that logic Timothy Mcveigh shouldn't have had a trail?

Alan2005 May 6th 2011 6:34 am

Re: Bin Laden dead
 

Originally Posted by Almost Canadian (Post 9347771)
Did this occur on US soil? Did he ever subject himself to US law (I say US for the sake of space, I appreciate that International Law may have something to say about it)? Thought not. That being the case, I guess we can accept that he got what was appropriate when one engages in Jihad.

Woud it have been more acceptable to you if he had shot back at those that did the shooting?

We will see if s/he wot ordered the operation is ever put on trial. If not, one must assume that s/he complied with the law of the US. Just as we have to accept that every accused that is acquited is innocent of the crime they were accused of - no?

Well, I guess you are happy for governments to murder people or lock them up forever without any trials.

iaink May 6th 2011 6:35 am

Re: Bin Laden dead
 

Originally Posted by Almost Canadian (Post 9347789)
Lots of people break the law and are never tried; it is only Presidents that are exempt from the operation of the law? I thought the President that followed him "pardoned" him.

So he could in fact have broken the law, even if he's not actually tried and found guilty then?:confused:

Thats not what you said here.. "We will see if s/he wot ordered the operation is ever put on trial. If not, one must assume that s/he complied with the law of the US."

Anyone know if the US is actually and in a legally binding way, "at war" with certain terrorist organisations and their personnel? There must be some sort of process to follow I imagine.

Alan2005 May 6th 2011 6:36 am

Re: Bin Laden dead
 

Originally Posted by iaink (Post 9347804)
Anyone know if the US is actually and in a legally binding way, "at war" with certain terrorist organisations and their personnel? There must be some sort of process to follow I imagine.

They are not. There has been no official declaration of war (which requires a vote from congress I believe - Bush never did this, and neither has Obama)

JamesM May 6th 2011 6:37 am

Re: Bin Laden dead
 

Originally Posted by Oink (Post 9347799)
So using that logic Timothy Mcveigh shouldn't have had a trail?

Who is Timothy Mcveigh?

Oink May 6th 2011 6:40 am

Re: Bin Laden dead
 

Originally Posted by JamesM (Post 9347811)
Who is Timothy Mcveigh?

Somebody who's "sole aim was to destroy their ideology through any means necessary."

jericho May 6th 2011 6:41 am

Re: Bin Laden dead
 
Fifth amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;

No harm, no foul.



Those that are arguing in favour of OBL being brought to trial seriously need ther heads feeling. You really dont live in the real world....:thumbdown:

Alan2005 May 6th 2011 6:43 am

Re: Bin Laden dead
 

Originally Posted by jericho (Post 9347817)
Fifth amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;

No harm, no foul.



Those that are arguing in favour of OBL being brought to trial seriously need ther heads feeling. You really dont live in the real world....:thumbdown:

Yes, the real world where our governments murder people or lock them up without trial. Anybody who thinks this is good is at best extremely naive and at worst a moron who believes everything the state tells them.

Edit: I'm not actually sure what your point is. Your quoted fifth amendment actually indicates that US law says he should be brought to trial.

Almost Canadian May 6th 2011 6:46 am

Re: Bin Laden dead
 

Originally Posted by Alan2005 (Post 9347802)
Well, I guess you are happy for governments to murder people or lock them up forever without any trials.

Not generally, but when an adversary states that they will do all in their power to kill and maim members of a State, yes.

I take it that you do not agree with what I have just written above.

iaink May 6th 2011 6:46 am

Re: Bin Laden dead
 

Originally Posted by jericho (Post 9347817)

Those that are arguing in favour of OBL being brought to trial seriously need ther heads feeling. You really dont live in the real world....:thumbdown:

So where do you draw the line when it comes to taking people out then?

OBL... OK

Other less well known terrorists?

"Elected" leaders like Ghadaffi?

Kim Il Jong?

Mass Murderers

People you dont like

People with opposing political views

etc

Its a slippery slope, and one that should have a legal "safety fence" at the top. If the US had declared war on OBL and his organisation then there would be a lot less hand wringing. Its the grey areas that are the problem. On one hand the US has acted as if 9/11 and subsequent events were a declaration of war, but on the other it has also pursued it as a criminal offence, with regular investigations and trials. The laws were never really framed to deal with a mass murder by a non nation state in mind I guess.

Almost Canadian May 6th 2011 6:47 am

Re: Bin Laden dead
 

Originally Posted by Oink (Post 9347797)
The fifth and sixth amendments to the US constitution.

Please explain, in language that a simpleton like me will understand, how this applies to the death of a non US citizen, within the jurisdiction of another country, in combat?

jericho May 6th 2011 6:47 am

Re: Bin Laden dead
 

Originally Posted by Alan2005 (Post 9347819)
Yes, the real world where our governments murder people or lock them up without trial. Anybody who thinks this is good is at best extremely naive and at worst a moron who believes everything the state tells them.

There are always those that are quick to criticize the actions of others without stating what they'd have done in the same circumstances.

Pray tell Alan, if it was you in charge, what would you have done?

Oink May 6th 2011 6:49 am

Re: Bin Laden dead
 

Originally Posted by jericho (Post 9347817)
Fifth amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;

No harm, no foul.



Those that are arguing in favour of OBL being brought to trial seriously need ther heads feeling. You really dont live in the real world....:thumbdown:


You missed the bit where they go on about "without due process of law."

Almost Canadian May 6th 2011 6:49 am

Re: Bin Laden dead
 

Originally Posted by iaink (Post 9347804)
So he could in fact have broken the law, even if he's not actually tried and found guilty then?:confused:

Thats not what you said here.. "We will see if s/he wot ordered the operation is ever put on trial. If not, one must assume that s/he complied with the law of the US."

Anyone know if the US is actually and in a legally binding way, "at war" with certain terrorist organisations and their personnel? There must be some sort of process to follow I imagine.

What planet are you on? Lots of people are convicted and are then pardoned. Nixon wasn't convicted.

Are you suggesting that the law of the US that provides convicted felons with a pardon does not apply to Presidents?

Alan2005 May 6th 2011 6:52 am

Re: Bin Laden dead
 

Originally Posted by Almost Canadian (Post 9347824)
Not generally, but when an adversary states that they will do all in their power to kill and maim members of a State, yes.

I take it that you do not agree with what I have just written above.

No. Just because the evidence is "obvious" in OBL's case, doesn't mean that extra-judicial killing should be allowed. What about OBL family? What about bradley manning? What about the gitmo detainee's? The list goes on ...

Alan2005 May 6th 2011 6:53 am

Re: Bin Laden dead
 

Originally Posted by jericho (Post 9347831)
There are always those that are quick to criticize the actions of others without stating what they'd have done in the same circumstances.

Pray tell Alan, if it was you in charge, what would you have done?

I'd have told them to bring him in alive if possible. And it would have been, he was unarmed ffs.

Almost Canadian May 6th 2011 6:55 am

Re: Bin Laden dead
 

Originally Posted by iaink (Post 9347827)
So where do you draw the line when it comes to taking people out then?

OBL... OK
Other less well known terrorists?

"Elected" leaders like Ghadaffi?

Kim Il Jong?

Mass Murderers

People you dont like

People with opposing political views

etc

Its a slippery slope, and one that should have a legal "safety fence" at the top. If the US had declared war on OBL and his organisation then there would be a lot less hand wringing. Its the grey areas that are the problem. On one hand the US has acted as if 9/11 and subsequent events were a declaration of war, but on the other it has also pursued it as a criminal offence, with regular investigations and trials. The laws were never really framed to deal with a mass murder by a non nation state in mind I guess.

Why was it OK? Because you said so? Your hypocrisy is astounding.

Typical Liberal: You are wrong unless you agree with me.

Oink May 6th 2011 6:56 am

Re: Bin Laden dead
 
The bottom line is there are two opinions, while we all agree that bin Laden was a bit of a ***t, its just some people don’t mind their governing representatives running around murdering people for expediency, others do mind.

iaink May 6th 2011 6:58 am

Re: Bin Laden dead
 

Originally Posted by Almost Canadian (Post 9347836)
What planet are you on? Lots of people are convicted and are then pardoned. Nixon wasn't convicted.

Are you suggesting that the law of the US that provides convicted felons with a pardon does not apply to Presidents?

I was just wondering why you thought someone could only be described as having broken the law if they were put on trial and convicted. But you seem to agree that it happens all the time now anyway, so thats OK.


It might be considered by some that under the circumstances it may have been illegal for Obama to order people to fly into a sovereign nation, pop a couple of caps into someone and remove the body.

Im not saying it was wrong mind, but really the legal justification should / could be a lot better established.

jericho May 6th 2011 6:58 am

Re: Bin Laden dead
 

Originally Posted by iaink (Post 9347827)
So where do you draw the line when it comes to taking people out then?

OBL... OK

Other less well known terrorists?

"Elected" leaders like Ghadaffi?

Kim Il Jong?

Mass Murderers

People you dont like

People with opposing political views

etc

its a slippery slope

Each case on it's merits. Nothing is black and white.
What is also a slippery slope is allowing mass murders/terrorists to inflict further atrocities on innocent people without fear of retribution. I'm yet to hear anyone provide a viable alternative.

Let's say he was taken in and arrested.
How soon do you think it would have been before we saw "western" people being kidnapped and beheaded in retaliation? I can see it right now. "We will execute one person every hour until Osama is released".
That wouldnt look too good would it?


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