アメリカ合衆国は、アルカイダ指導者への攻撃#暗殺の合法性を擁護
GOLPE A AL QAEDA
EE UU defiende la legalidad del ataque al dirigente de Al Qaeda
Varias ONG denuncian que ha sido una ejecución sumaria. Anuar el Aulaki era estadounidense
EE UU mata en Yemen a uno de los máximos jefes de Al Qaeda
El orador de Al Qaeda
El hombre que sonó para suceder al fundador del grupo integrista
Los líderes más buscados de Al Qaeda
Antonio Caño Washington 1 OCT 2011 - 12:58 CET
BLOW TO AL QAEDA
U.S. defends legality of the attack on Al Qaeda leader
Several NGOs report that has been a summary execution. Anwar was American Aulaki
U.S. in Yemen kills one of the top leaders of Al Qaeda
The speaker of Al Qaeda
The man who rang to succeed the founder of the fundamentalist
Most wanted leaders of Al Qaeda
Antonio Cano Washington 1 OCT 2011 - 12:58 CET
A secret report from the Department of Justice, specifically requested for this operation, supported the legality of the death on Friday of Aulaki Anwar, who was considered one of the top leaders of Al Qaeda and responsible for that network in Yemen. This report can protect the Government against any claims court, but hardly stop the controversial constitutional and human rights that death has generated in the United States.
The exact content of the memorandum has not been made public, but official sources who have spoken with U.S. media have explained that the legality of the operation against Aulaki, which also killed another U.S. citizen, Samir Khan, is held in the principle that it was a war operation against a fighter who posed an imminent danger to the security of the U.S. population.
"According to the authority given by Congress for the use of military force in the armed conflict with Al Qaeda, as well as international laws that recognize the right to self-defense, it is absolutely legal U.S. action against senior leaders level enemy forces who are planning to kill Americans, regardless of their nationality, "said an official statement of the Administration.
From that standpoint, killing Khan El Aulaki and would like to kill U.S. citizens who had planned with military commanders Japanese attack on Pearl Harbor.
Since the beginning of the U.S. struggle against terrorism have been doubt among experts about whether it could be considered a war
Two U.S. organizations defending the rights of citizens, the American Civil Liberties Union (ACLU) and the Center for Constitutional Rights, considered, however, the death of El Aulaki "summary execution" of a citizen against that were not charged and who was not subjected to trial.
Robert Chesney, a professor of constitutional law at the University of Texas and one of the most recognized authorities in the field of national security laws, consider this legal operation, but admits, told The New York Times and The Washington Post, which very tightly and with "much controversy".
The Fifth Amendment to the U.S. Constitution guarantees that no one can be deprived of his life without a lawful trial. This warranty does not apply in case of war, which obviously supports the elimination of the enemy, or an imminent threat, as in the case of someone in possession of a bomb in the middle of an airport.
Since the beginning of the U.S. struggle against terrorism have been doubt among experts about whether it could be considered a war, in the sense that there are no established fronts and therefore American soldiers could act under the principles of war anywhere in the world that believe appropriate.
This argument was defended in court by the father of the Aulaki last year in its attempt to have her son was excluded from the list of terrorists that seek alive or dead. Backed by the ACLU, the lawsuit alleged that Yemen, where he lived Aulaki, not a war front and therefore should be captured and tried in his country of birth, U.S.. The judges gave no reason.
Another argument to question the legality of this operation is the imminent danger. Just as in the case of Osama Bin Laden, but could doubt that he was the victim of an act of war, its danger was obvious, since he himself had acknowledged atrocities committed against U.S. and other planned proved that, in the case El Aulaki, the certainty and imminence of the danger is more fragile.
U.S. could only weak evidence presented so far from its connection with the Nigerian who tried to blow up a plane in Detroit on Christmas 2009 and have served as spiritual inspiration military killed 13 of their colleagues in Texas that same year. The Aulaki was clearly a preacher of violence, but evidence of their direct link attacks have not been released yet.
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