At the risk of beating a dead
terrorist horse, I want to cite W. Hays Parks (former Special Advisor to the Office of Legal Counsel on Law of War Issues at DoD, JAG and possible stand in for Clint Eastwood in that Grand Torino movie) on the Osama bin Laden assassination/murder/killing debate that has kind of been driving me nuts.
In a response letter in the Washington Post, Parks writes:
The May 2 lead story by Scott Wilson and Craig Whitlock on the death of Osama bin Laden was well written and reported. But on the continuation, the story referred to the deadly attack as an “assassination.” It was not.
Executive Order 12333 prohibits but does not define assassination. In 1988, as a civilian attorney in the Office of the Judge Advocate General of the Army, I researched the issue to define assassination. I coordinated my draft opinion with the judge advocates general of the Navy and Air Force; the general counsel of the Defense Department; the general counsel of the Central Intelligence Agency; and the legal adviser of the State Department. In 1989, the Army’s judge advocate general signed an unclassified memorandum defining assassination to provide clarity to the prohibition. It was provided to the House and Senate intelligence oversight committees and was published in the State Department’s volume of significant international law documents.
Assassination is murder committed for political purposes. The killing of enemy military personnel in time of armed conflict is not assassination.
Nor is it assassination to attack the leadership of armed non-state actors such as Osama bin Laden who have been and remain engaged in planning and executing armed attacks against a sovereign state. Because bin Laden was a lawful target, the attack was neither murder nor assassination.
I think this pretty much sums it up for me. Well that and this line from Roger Cohen:
If there is greater fatuity than second-guessing the split-second decisions of commandos confronted by gunfire, knowing the compound may be wired to explode, and hunting a serial mass murderer unwilling to surrender, then I am unaware of it. Let post-modern, pacifist Germans agonize, and whoever else wishes to writhe on a pin. The rest of us can be satisfied.
Me, and my fake-lawyer self could not care any less about this issue, unless it somehow involved the Royal Wedding.