What International Law Says about the Killing of Bin Laden

Editor's Note: Two things are for sure, we know UBL didn't put the nanothermite in the towers and we know the US couldn't care less about international law!

Terrorists, even Osama bin Laden, are humans. As such, they have rights; human rights. Among these rights are the right to life, the right to humane treatment and the right to a fair trial. Fundamental human rights remain valid even in a state of emergency; they are impervious to such exceptions.

In peacetime, the right to life can only be limited in extraordinary circumstances, in particular by reason of self defense. If it is true that Osama bin Laden was unarmed when he was shot, self defense in response to an unlawful attack on the part of entering US Special Forces can be ruled out. Clearly, such an operation takes place under extreme pressure and it is conceivable that the Special Forces acted on the mistaken belief that they were under attack by bin Laden or his people -- criminal lawyers call this "putative self defense" -- but this would not make the killing lawful. It would only cast light on the mental state of the troops in question, and thus their culpability. 

Yet, these soldiers are especially trained for such an operation, they are the elite of the elite. If we cannot demand restraint in the use of force from them, then we can't demand it from anybody -- not from the ordinary policeman in the street nor from the citizen defending his life or home. From this perspective, it seems unlikely that they shot bin Laden out of fear or by mistake. Rather they knew perfectly well what they were doing and killed him wantonly and willingly.

Why Are Al-Qaida Criminals Treated Differently?

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