re: "An awkward independence day for diplomats in South Sudan"

Edmund Downie at PASSPORT ("A Blog By The Editors Of Foreign Policy") noted a little problem of an ICC warrant being out on one of the invited guests.

Money quote(s):

"The International Criminal Court's March 2009 indictment alleged that Bashir was responsible for war crimes in the ongoing conflict in Darfur. Recent violence in border states Abyei and South Kordofan hasn't endeared him to the international community either. Bashir and rebel leaders pledged in late June to pull troops out of Abyei before the referendum, but Bashir's ambassador to Kenya reaffirmed yesterday the north's claim to the region."



(7/8)

re: "The Lawfulness of Killing Bin Laden"

Butch Bracknell at Small Wars Journal ("facilitates the exchange of information among practitioners, thought leaders, and students of Small Wars, in order to advance knowledge and capabilities in the field") lays out the legalities of schwacking UBL.

Money quote(s):

"Much has been made of the recent revelations that Osama bin Laden was unarmed at the moment he was killed by U.S. special operations forces in close quarters battle. Let us put this issue to rest with dispatch, once and for all: Killing bin Laden was not an extrajudicial execution, a murder, or a war crime. It was a combat engagement lawful under U.S. and international legal authority – full stop."

Mr. Bracknell takes some care explaining the self-defense and jus in bello rationales before continuing:

"Osama bin Laden was an enemy combatant – again, full stop. His status as a virtual enemy of the United States is grounded on several factors: his declaration of war (fatwa) by Al Qaeda, of which he was the nominal chief, against the United States; the Congressional Authorization for the Use of Military Force (AUMF) of September 18, 2001 (Public Law 107-40); and, most likely, declaration of a state of hostilities (essentially, a state of “war”) by the President against an opposing belligerent: Al Qaeda, its footsoldiers, and its leaders. The qualifier “most likely” indicates that if the President has, in fact, declared Al Qaeda to be a hostile, belligerent force, the designation probably would be classified and non-public. It is also superfluous, as Congress supplied the necessary authority in the AUMF to make combat actions against Al Qaeda lawful. They described a category of combatants who may be targeted by U.S. forces, and Osama bin Laden fell squarely into that category more precisely than any other person in the world. Targeting bin Laden was based on bin Laden simply being bin Laden: his conduct as he stared down the wrong end of an MP-5 was immaterial.

Once designated a hostile enemy combatant, there are only two ways a combatant can be exempted from lawful targeting: by manifesting a clear and unequivocal intent to surrender, and by becoming wounded or otherwise incapacitated and incapable of resistance (hors d’combat). There is no evidence bin Laden was wounded prior to administration of the lethal force which ended his life. Moreover, U.S. forces engaged in armed conflict are under no obligation to give an enemy combatant a chance to surrender; the enemy combatant must practically force his surrender on the U.S. force by manifesting it clearly, timely, and in a manner which enables U.S. forces to discontinue the use of lethal force. At this instant, a shield of legal protection descends around him, and U.S. forces are obligated to treat him humanely and consistent with the laws of armed conflict pertaining to detainees. Until the shield is present, triggered by manifest surrender, it is absent. Without the shield that only he could initiate through his surrenderous conduct, bin Laden remained a legitimate target and was treated so by the assaulting U.S. force.

Bin Laden’s death was a triumph for the American intelligence community and the armed forces and provides, at long last, some solace to the victims of 9/11 and Al Qaeda’s other terroristic acts. His death will likely prove to be a strategic gain, and it eliminates a continuing threat to Americans at home and her citizens and forces abroad. It also was completely sanctioned under U.S. and international law."

Bottom line: it was a righteous shoot.