Former Irish president Mary Robinson criticizes killing of bin Laden
Says she feels 'uncomfortable' that he was killed while unarmed
Former president of Ireland and UN High Commissioner, Mary Robinson has expressed her unease over the killing of Osama Bin Laden by US forces over the weekend.
Speaking to to the BBC's "Sunday Sequence" the former Irish president said "We still probably don’t know the full truth, but it does appear that Osama Bin Laden was unarmed when the attack was made”.
She added “In those circumstances, it would have been appropriate that he would be arrested and brought to justice. That’s what happens to perpetrators even of egregious crimes.
“And I share an uncomfortable sense with the Archbishop of Canterbury. I would have preferred, if somebody is unarmed and can be captured and can be taken into custody, to be brought to justice. A great democracy would do that. It would have been appropriate that he would have been . . . brought to justice.”
She was referring to Archbishop of Canterbury Rowan Williams, who expressed his own concerns last week. He said "I think that the killing of an unarmed man is always going to leave a very uncomfortable feeling because it doesn’t look as if justice is seen to be done in those circumstances.”
Mary Robinson recently returned from a three-day mission to North Korea as part of The Elders, a group of retired world leaders joined together by Nelson Mandela. Ms Robinson was travelling with former US president Jimmy Carter, former Finnish president Martti Ahtisaari and ex-Norwegian prime minister Gro Harlem Brundtland. The visit was aimed at easing tensions with South Korea and pushing nuclear disarmament.
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We're talking about shooting an unarmed man as opposed to taking him captive. Centuries of tradition support taking him captive, but only some recent legal theory supports shooting him. If the choice were between killing him or letting him get away, you might have an argument. But the actual choice is between following well-established procedure or not following it. No wonder Mary Robinson is "uncomfortable" about this departure from well-established tradition.
There are other considerations here as well. Did President Obama give the order to kill rather than capture because he wanted to appear to be tough on terrorism? He certainly got a lift in the polls, that's for sure. Even the notorious John Yoo, author of novel theories justifying torture, accused Mr Obama of ordering the kill because it's less messy than a trial. What kind of legal system bases itself on political considerations like popularity or saving the government from embarrassment? It's not the legal system that was handed down to us; it's one that was invented in the last few years.
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Terrorists are criminals, not soldiers. As criminals, they retain the rights of criminals including the right to confront their accusers and be served with a bill of particulars detailing the complaints against them. They have the right to cross-examine witnesses and argue their case in front of a jury.
Soldiers, on the other hand, are protected by the Geneva Accords. Taken prisoner, they can't be coerced into providing more than name, rank and serial number. The Bush administration, unhappy with having to decide which set of rights to grant detainees in their "war" on terror, created a new category entirely - that of enemy combatant - people with no rights at all. The problem is that there's no modern tradition behind such a designation; you'd have to go back to the Middle Ages to find examples of people with no rights.
We can't just go back to the Middle Ages as it suits us, because that exhibits contempt for legal tradition. For hundreds of years we've acknowledged the rights of criminal suspects. To abrogate those rights today would harm us far more than anything our acknowledged enemies have in mind.
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If we claim to live by legal principles, it's important that well-established procedures be followed, especially with unpopular defendants. If we're just going to blow in the wind we won't have a legal justice system at all. And we're headed that way. The president is claiming the right to kill without so much as an indictment. That's not legal principle; it's government making it up as it goes along. In the long run we're much worse off with a legal system that worries about popularity.
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