Omar bin Laden, bin Laden’s fourth eldest son, has allegedly issued a statement that calls the killing of his father as a “criminal” act and a humiliation for his family. Notably, he indicated the possibility of a lawsuit against the United States.
The lawsuit would attempt to “determine the true fate of our vanished father.” He noted, as have other Muslims, that the burial at sea was considered an affront to their religion — despite the Administration that it performed the service to comply with Muslim traditions.
The letter was published by the website of Islamist ideologue Abu Walid al-Masri and has not been confirmed by Omar Bin Laden.
The letter stated, in part: “We hold the American President (Barack) Obama legally responsible to clarify the fate of our father, Osama bin Laden, for it is unacceptable, humanely and religiously, to dispose of a person with such importance and status among his people, by throwing his body into the sea in that way, which demeans and humiliates his family and his supporters and which challenges religious provisions and feelings of hundreds of millions of Muslims.”
There are international principles that could be raised, including the statements by Pakistan that (despite conflicting statements from Obama Administration officials) they never approved the attack on Pakistani territory. Under U.S. common law, there are also obvious legal principles, including the mistreatment of corpses. However, the success of such a lawsuit in the United States is extremely doubtful. Since this was a foreign operation and involved foreign citizens, the jurisdiction of the courts would be hard to establish. Moreover, there is no legal requirement under U.S. law for the retention of these bodies and the disposal would be viewed as reasonable.
None of this means that the Obama Administration is not skirting international law in asserting the right to go into a foreign country and kill everyone in a house. Imagine our response if Mexico took out wanted individuals in a house in Houston. Even under U.S. law, the Administration has long ignored core protections such as its insistence that Obama can order the killing of U.S. citizens abroad. I do not believe that “hot pursuit” claims would be sufficient to justify the operation. This is a narrow doctrine that is derived from maritime cases.
None of this has bearing on the possible Bin Laden lawsuit. With U.S. courts practically unavailing in such a lawsuit, it would leave foreign or international courts. However, it is unlikely that the burial would be a viable claim. As for the killing, it could get murky with claims of implicit, if not explicit, permission for such operations.
Source: Yahoo
Jonathan Turley
I’m just waiting for Osama to show up with Elvis and Jim Morrison at a 7/11 in Tennessee. Some people have entirely too much time on their hands and they make not a lick of sense …
As far as bin Laden’s son? Pfft … he humilates himself by coming out with such a stupid statement.
Maybe I am too idealistic, but I think America has lost its moral soul with the killing of Osama Bin Laden. Since when do we think it’s ok to pass a death judgment without a trial? We ran in there like terrified school children, destroyed what we were afraid of, and didn’t dare bring it back alive for a trial, because we’re still scared terrorists. So we killed a man in his house, a brutal assassination, shot in the eye as I understand, which means he wasn’t moving or resisting. Was justice really served, or was this man the CIA’s patsy? These are things we’ll never know. Have we lost so much faith in our legal system that we felt it inadequate to handle a case like Osama Bin Laden’s? Do we feel that it’s even adequate to handle traffic law?
If one of Osama’s family members wants to get answers, they should be able to. His Son maybe really wants to know what happened, is that wrong? I have seen comments that we should just kill him too, have we really sank that low? Is our respect for life so far gone now that we’d rather kill someone who is yet unconfirmed as wanting answers, than to actually try to give them answers?
It is likely the fact that we Americans as a whole speak like spoiled rotten monsters, that people in other countries want to hurt us.
Yes, and one sad footnote to this subject is that the line of attorneys anxious to represent him would likely wrap around the block.
Tootie:
My first post on here after the announcement of Bin Laden’s death began with something like, Bin Laden’s dead. So what? I went on to note that the conspiratists would deny it, and here we are. Frankly, you’re a lot smarter than that, so here’s the deal. Bin Laden’s dead. Elvis is dead. And Dick Cheney ain’t feeling too good.
Otteray,
Thanks for the video.
It’s a matter of perspective. I’m from a Navy family, and consider burial at sea to be perfectly respectable.
Tootie, I think Jackie and Dunlap covered the story for you.
I’m still in the Osama was dead a long time ago camp.
But with the guilty-appearing behavior of the administration and military (dumping something or someone in the ocean) I could be persuaded that they have Osama and are interrogating him.
This only because Obama is a devious, dangerous, lawless, and extremist weirdo.
Oops did I name call? Awwww. I’m so not sorry.
BIL – “glass parking lot”? I pictured you as smarter than that.
But I think I have a better idea anyway. Lets us get the hell out of the Middle East. Let the Saud family stew in the juices they have squeezed. Let them deal with their own local crackpots by themselves.
As it is now we pay the price and they get the profits. We really don’t need them, they need us.
We sort of need Riyadh, so nuking it would be counterproductive.
I’m not saying that we shouldn’t depopulate it – we should and must do so – but there are better ways of exterminating the indigs, ones that will leave the bulk of the infrastructure intact and available for settlement and use.
“I still say we should turn Riyadh into a glass parking lot.”
“<<<I still say we should turn Riyadh into a glass parking lot."
***********************
BIL, kind of extreme and would get us talked about by the neighbors. But my evil twin hinted he likes the idea.
given what’s happened to both gaddafy’s and saddam hussein’s sons i’d think he’d keep a lower profile
I guess it is time to go to bed when I can’t spell leave correctly!! 🙂
OS,
On the surface, good news, however maddeningly vague. No names. No positions. Are they high value targets or just schmucks who suddenly realized the SEALs don’t screw around and that drones don’t have a sense of humor? And turning themselves in to SA? Reunited with their families? Please. Like the Saudis are going to do anything to punish any of them.
It smells suspiciously more like pro-Saudi PR than anything substantive. After all, they’ve realized a substantial part of the American populace didn’t buy in to the Iraq distraction from Saudi involvement in 9/11 and their ongoing role as financiers of al-Qaeda. I’ll believe the Wahabists are serious when they start beheading and start arresting the money men. Until then? I still say we should turn Riyadh into a glass parking lot.
Time to eave Afghanistan nice the bad guys are folding up their tents!
Diogenes:
I just referenced you on the Third Politcal Party thread. Right on cue!
AP reports that three more al Qaeda members turned themselves in today. That brings the total to seven so far. Others have fled to Yemen. I figured there would be some sphincter problems with their operatives when the news came out about the SEALS snatching all those computer hard drives and notebooks.
http://www.thenewstribune.com/2011/05/11/1660873/saudi-police-3-al-qaida-members.html
http://www.dailykos.com/story/2011/05/11/975105/-Al-Qaeda-members-turning-themselves-in?via=siderec
How soon did we all forget the
nuremberg trials!!!
http://news.yahoo.com/s/yblog_thelookout/20110511/ts_yblog_thelookout/bin-laden-family-condemns-killing-while-wife-says-one-son-escaped