The Mudcat Café TM
Thread #137528   Message #3151836
Posted By: Richard Bridge
10-May-11 - 11:53 PM
Thread Name: BS: obit: Osama Bin Laden ???
Subject: RE: BS: obit: Osama Bin Laden ???
Lighter, Bobad cites Bellinger on US law. US law is irrelevant for the reasons I stated.

If it be correct that there was an earlier express agreement between a former Pakistan administration and a former US administration permitting US incursion, then there would remain the question of whether that agreement was still effective about 10 years later as between different regimes. In terms of Don Thompson's argument that is about knocking down Fred's door, not Tommy's. It is not wholly clear cut but it would make the US's argument much easier.

The other argument concerns whether ObL was a political or religious leader on the one hand (assassination a no-no, but arrest by competent authority or its agent lawful, including the use of REASONABLE force against resistance) or a military commander (assassination permissible in most cases except clear surrender).

If we can trust what later comes to be said about the contents of ObL's computers, then they will probably tell us which role ObL remained discharging. The issue of whether the US forces represented a lawful authority at that time in that place probably goes back to the validity of that agreement.