US Attorney General's Interpretation on War Crimes Contradicts International Humanitarian Laws

The Obama administration's stance on war crimes, particularly in relation to the killing of unarmed enemy combatants, has raised questions about the nation's adherence to international humanitarian laws. In a May 4 Senate testimony, Attorney General Eric Holder defended the killing of Osama bin Laden as a lawful act of national self-defense, citing the Authorization to Use Military Force Act of 2001. However, experts like Geoffrey Robertson and Brad Adams have criticized this interpretation, labeling the killing a "perversion of justice" and advocating for a thorough investigation into the circumstances surrounding bin Laden's death.

Key Takeaways:

  • The US Attorney General Eric Holder deemed the killing of Osama bin Laden as lawful, justifying it as a military operation against an enemy combatant, rather than an assassination.
  • The Obama administration relies on the Authorization to Use Military Force Act of 2001 to justify the use of lethal force against enemy combatants, including the killing of bin Laden.
  • This interpretation contradicts the views of experts like Geoffrey Robertson, who labeled the killing a "perversion of justice" and advocated for an investigation.
  • Brad Adams of Human Rights Watch criticized the administration's stance, saying that justice has not been served if bin Laden was not arrested and put on trial.
  • The US has effectively used its Office of War Crimes Issues to make indictments against the Government of Sri Lanka, focusing on alleged war crimes and human rights violations during the separatist war in 2009.
  • The US Defense Department provided surveillance support to the Sri Lanka Navy to detect arms movements by the LTTE, which could be used to justify Sri Lanka's actions in the war.
  • The official Obama administration interpretation brings forth commotion within the US State Department, the United Nations secretary-general's office, and the Sri Lankan Tamil Diaspora.
  • Critics like Gert-Jan Knoops and Geoffrey Robertson suggest that bin Laden should have been arrested and extradited to the United States, rather than killed.

Statistics:

  • The Authorization to Use Military Force Act of 2001 was signed into law on September 18, 2001, and gives the President the authority to use "all necessary and appropriate force" against those who aided in the 2001 attacks.
  • The killing of Osama bin Laden occurred on May 2, 2011, and was justified by the Obama administration as a lawful act of national self-defense.
  • The US has designated the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist organization since 1997.
  • The Sri Lankan Navy was involved in the separationist war against the LTTE, and received surveillance support from the US Defense Department.

Sources:

  • "US Attorney General's Interpretation on War Crimes Contradicts International Humanitarian Laws" (HT Syndication, 2011)
  • "US Says Killing of Bin Laden Was Lawful" (FOX 13, 2011)
  • "War Action vs. Police Action: Expert Analysis" (FOX 13, 2011)
  • "Critics of Bin Laden Killing Say It Was a 'Perversion of Justice'" (ABC TV, 2011)
  • "Obama's Killing of Bin Laden Sparks Debate" (CNN, 2011)