Safire's suggestion

[David M. Driesen]

While the United States may have to shoot Bin Laden in order to
capture him, it would serve American interests better to capture him
alive and try him in the fairest tribunal possible.  Martyring Bin Laden
will may encourage further terrorism by others.  A demonstration that
we honor the rule of law, due process, and the protection of the
innocent, even under extreme duress, will provide a vivid contrast with
the terrorists' disregard for human life



Date sent:              Sun, 18 Nov 2001 16:27:09 -0500
Send reply to:          Discussion list for con law professors              <CONLAWPROF at LISTSERV.UCLA.EDU>
From:                   Leslie Goldstein <lesl at UDEL.EDU>
Subject:                Safire's suggestion
To:                     CONLAWPROF at LISTSERV.UCLA.EDU

           Safire proposes a summary execution of Bin Laden, i.e. shoot
him down in
           his tracks even if in the midst of surrender. This is a
flagrant
           violation of the Geneva Convention.  Should one care?  I
consider the
           man guilty of crimes against humanity--mass murder by the
thousands.  If
           Israel could try Eichmann, why can't we try Bin Laden or his
           lieutenants?
 And forEugene's sake, I add, if W wanted, in his role as
     co-in-chief  to order such a "shoot him in his tracks"
     command, would he need for constitutional reasons to get
     the policy through Congress first, since his role as
     co-in-chief is a role for warfare and such a command is
     outside the rules of warfare?  One thing this list has not
     discussed is the analogy between AlQueda and
     old-fashioned piracy.  Anybody out there know how the
     divide of powers between co-in-chief and Congress
     worked when we were dealing w/ the Barbary States who
     shielded pirates from those states that wanted it
     outlawed?
LFG


David Driesen
Associate Professor
Syracuse University College of Law
Syracuse, NY  13244-1030
Phone (315) 443-4218; Fax (315) 443-4141
email ddriesen at law.syr.edu