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Originally posted by Seekerof
Originally posted by MaskedAvatar
Seekerof, you will find the appropriate Executive Order prohibiting the targeting of any world leader or family thereof signed by Gerald Ford if you do a simple ATS search. That EO has never been overwritten, simply ignored by Presidents since Reagan. Educate yourself on this, it's interesting.
[Edited on 24-7-2003 by MaskedAvatar]
The Ford/Carter/Reagan Executive Order11,905, 12036, 12,333, Sec 2-305 simply states:
"No person employed by or acting on behalf of the United States government shall engage in, or conspire to engage in, assassination."
MA, it is interesting. The prohibition/ban is not limited to assassination against heads of state. The legalities of killing a specific person in a military strike are even less clear. This would equate to the prohibition/ban possibly not apply if one is under taking a military action. There is a difference, though it be a subtle one, between an air strike going at facilities when you know the individuals might be there, and going after a single individual. The prohibition/ban applies to assassination efforts by US government employees, but is not applied to the military.
Assassination is not legitimate killing; Assassination in war is considered legitimate. Assassinating Saddam Hussein is viewed as part of an effort to disable the enemy's command and control center and are covered by the rules of wartime engagement. It is, therefore, not against the laws of war in attacking an enemy force to look especially for a particular individual or individuals, who upon resisting at all your entitled to kill them. What you can't do is capture an individual or enemy and then tie him up and execute him.
The fact is that the term "assassination" can be as flexible and open to interpretation as the word "is" famously was to Bill Clinton. Since 9/11, things have changed MA. Its a totally different "ball-game." Since the occurance of 9/11, the new thinking in Washington is that the United States under certain conditions and in certain situations should and would empower the CIA or the military to assassinate/kill terrorists or certain individuals who represent a threat to the United States.
Internationally, the Protected Persons Convention of 1973, does not cover Saddam. The Hague Convention covering the "laws and customs" of war might but again, term "meanings and interpretations" come into play. The international agreement that is relevant to assassiantion is the Charter of the United Nations....term "meanings and interpretations" again apply.
"International Law Part II: The Legality of Saddam Hussein Assassination"
www.law.mcgill.ca...
"Saddam Hussein is fair game, Officials say, but elusive."
www.boston.com...
regards
seekerof
[Edited on 25-7-2003 by Seekerof]
Originally posted by MaskedAvatar
Good stuff, good references.
Is there some documentation on why Hussein's sons would pose a threat to the USA, therefore kill them without prejudice, don't take them alive?
I have no opinion as to how they would be adjudged a threat, except if there was evidence of their involvement in funding terrorism.
They are not saints or martyrs. But I wonder whether the policy to take them out was a quite different rationale to 'threat', and whether there were specific reasons they should not have been able to live and come to their punishment under local and international law.
I agree with Bout Time on the whole media presentation.