re: "Lawfare v. Warfare: Bin Laden family uses a little “Alinsky” on US and Obama"

McQ at Blackfive ("the paratrooper of love") understands the mental judo being attempted through lawfare.

Money quote(s):

"(T)he “bin Laden family” condemns the attack on their father and demands that there be a reckoning"

There was a reckoning. That was the whole point.

"They’re also threatening to take the case to the International Criminal Court which would be an interesting turn of events.

The hidden premise, of course, is OBL was a criminal, not an unlawful combatant and we violated the law."

Which "law" was that exactly?

International law, like the international community, is a fiction. It's a useful one, sometimes, but it's more aspiraational than real. The "World" has no court. The "World" has no policemen. Sovereign nations do, and sometimes let international organizations like the U.N. use them.

"The death of bin Laden is being described in some quarters as an “extrajudicial killing”. In fact, bin Laden was always considered to be an “unlawful combatant” by us and as such had no such protections. In warfare, the targeted killing of an enemy, in this case unlawful combatant, is quite legal.

So what you are seeing here are competing premises, one saying terrorism is simply a criminal act and therefore terrorists must be treated as common criminals would be treated as well as afforded various rights because of that status. The other says they are enemies who have declared war on the US, committed numerous acts of war and, in accordance with the Geneva Conventions, are “unlawful combatants” and enemies whose targeted killing is an accepted practice of warfare.

Lawfare vs. warfare.

I think we’ve been pretty clear since the beginning, with the AUMF (which the Obama administration ironically used as the legal basis for its raid into Pakistan), that we’re at war (and yes, I also accept the AUMF as a declaration of war) what we consider these terrorists."

While, as a traditionalist, I would prefer our declarations of war to have "DECLARATION OF WAR" printed in bold typeface at the top of a sheet of parchment, with heavy maroon wax seals in gilt skippets suspended by wide red ribbons, that's just not how congress rolls these days.

"This is not a criminal matter. It is a military matter and it was executed as such. The lesson it teaches other terrorists who’ve declared war on “the Great Satan” is we are relentless and remorseless. Those are two good messages to send." (Bold typeface added for emphasis. - CAA.)