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Re: Bin Laden dead
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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..... 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. |
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. |
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.
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Re: Bin Laden dead
Democracy is great until they realise it's not effective in certain situations. Then what?
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Re: Bin Laden dead
Originally Posted by JamesM
(Post 9347690)
Easier to just exterminate him.
The state shouldn't be murdering people because it's easier or cheaper than the democratic alternative. |
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?
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Re: Bin Laden dead
Originally Posted by Oink
(Post 9347747)
This where we all come a bit of a cropper. Define and operationalize democracy.
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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?
The majority of people seem delighted to me. The electorate has spoken and all that. |
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.
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Re: Bin Laden dead
Originally Posted by Oink
(Post 9347747)
Define and operationalize democracy.
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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.
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? |
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. |
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.
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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.
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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. |
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.
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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...
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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.
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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?
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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.............
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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? |
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.
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. |
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.
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Re: Bin Laden dead
Originally Posted by Oink
(Post 9347799)
So using that logic Timothy Mcveigh shouldn't have had a trail?
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Re: Bin Laden dead
Originally Posted by JamesM
(Post 9347811)
Who is Timothy Mcveigh?
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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: |
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: 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. |
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.
I take it that you do not agree with what I have just written above. |
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: 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. |
Re: Bin Laden dead
Originally Posted by Oink
(Post 9347797)
The fifth and sixth amendments to the US constitution.
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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.
Pray tell Alan, if it was you in charge, what would you have done? |
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." |
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. Are you suggesting that the law of the US that provides convicted felons with a pardon does not apply to Presidents? |
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. |
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? |
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. Typical Liberal: You are wrong unless you agree with me. |
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.
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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? 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. |
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 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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