الأحد، أكتوبر 02، 2011

Killed Awlaki U.S. citizenship raises legal questions

Killed Awlaki U.S. citizenship raises legal questions

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NEW YORK (Reuters) - Experts say the law has been repeatedly
criticized the U.S. program to kill al Qaeda members abroad as a
violation of international law that the killing of Anwar al-Awlaki on
Friday also violates U.S. law.

U.S. authorities said that a drone belonging to the CIA killed
al-Awlaki was born in New Mexico and associated with al Qaeda wing in
Yemen Yemeni remote town.

Said Mary Ellen O'Connell, professor of international law, school law
at the University of Notre Dame "The fact that (al-Awlaki) holds dual
U.S. and Yemeni means he has greater protection under the U.S.
Constitution than Simlkh if ​​a citizen of Yemen only. So the
president did nothing in the opinion of questionable considerably
according to our Constitution. "

And al-Awlaki, who lived in Virginia before leaving the United States
shortly after the attacks of September 11, 2001 was the first U.S.
citizen authorized the White House to kill U.S. agencies since the
attacks of atheist th of September on New York and Washington a decade
ago.

U.S. officials said that al-Awlaki, took a leading role in al-Qaeda in
the Arabian Peninsula and was involved in a failed terrorist attacks
on U.S. targets. And had also contacts Aulaqi myself a military doctor
accused of carrying out the deadliest shooting randomly killed 13
people in 2009 Ford Hood military base in Texas.

Under the administration of President Obama, the United States
increased use of drones to target alleged terrorists. In a speech last
year, defended the U.S. State Department legal adviser Harold Ko from
targeting civilians and said that targeting consistent with all the
"laws Almalol including the laws of war."

Koo said that "the state is engaged in an armed conflict or in the
(case) for legitimate defense itself is not obliged to submit to its
goals call request by the state to use lethal force."

He added that "our procedures and practices to determine the goals of
legal sound very advanced technology has helped to make our targets
more accurately."

The official said a former U.S. national security officials that he
could be a relatively less degree - senior officers in
counter-terrorism center at CIA launched a drone attack on a person
included on the list of targets. The source said that when a person is
registered on the list within the drone is not required to sign a
director of the agency or even the president of the national
clandestine service personally on the decision to kill him
The source added that before the put the name on the list of target
Awlaki Agency sent his name to the White House for approval because he
holds U.S. citizenship.

Said Jameel Jaffer, deputy legal director for the American Civil
Liberties Union, "as we have seen today, it is a program that enables
the execution of U.S. government very far from the battlefield without
a warrant and on the basis of standards and secret evidence."

The ACLU and other civil liberties groups representing the father of
al-Awlaki has lost an appeal last year demanded the U.S.
administration to stop the program under which the arrest or killing
of U.S. citizens are joining the militant groups abroad.

It was John Bates, a district court judge in Washington rejected the
case and said the court lacked jurisdiction over such a political
issue. But did not address the feasibility issue and said it raised
"vital considerations related to national security, military and
foreign affairs."

Some experts in international law that it seems that the killing of
al-Awlaki is based on solid legal ground and agree Robert Chezne law
school professor at the University of Texas with the fact that the
Aulaqi rights under the U.S. Constitution, but said that other
circumstances justify the government's moves.

Chezne said that as long as the government has evidence that al-Awlaki
posed a threat and that there was no realistic prospect of benefit,
the possibility of arrest of al-Awlaki of the United States the right
to take legal action.

"The million dollar question is .. Does this mean that the government
killed Awlaki could kill any American at any time if they claimed that
they have intelligence showing that the person does not answer a
terrorist ... I do not think it holds all of that."

Other experts say that the government should try to Awlaki arrest and
trial before a U.S. court. O'Connell said that disregard the law in
the spring following the Arab reveal a bad example to the region.

O'Connell said he compared the killing of Osama bin Laden, who said
that it seems consistent with international law, the death of
al-Awlaki shows that in its opinion
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