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US civilian courts have no jurisdiction outside of US borders, and again, why would such a requirement need to be met for US citizens but not foreigners? Everyo
by alexeisadeski3 13y ago
US civilian courts have no jurisdiction outside of US borders, and again, why would such a requirement need to be met for US citizens but not foreigners? Everyone is afforded the same rights (equality under the law).
In a war, there is no legal need to justify killings in front of a judge.
This is all just legally speaking, however. Practically, I think that Obama would be very wise to seek approval from a panel of judges for all authorizations, regardless of whom is targeted. Unlike in traditional wars, the US government is very specifically going after certain individuals. It would seem prudent for the actors involved to seek the legitimacy granted by a panel of judges. But I would still say that the law does not require it.
- moogleii 13y agoIn a traditional war, legality has already been met via law (either through a formal declaration of war or through the limited war powers given to the executive). There is no need to justify in front of a judge, because the rights have already been granted. But again, you can only kill certain people, also defined by law. You can't just start carpet bombing cities anymore, otherwise, yes, you may very well find yourself in front of a judge (and presumably these cities would consist of foreigners, so yes, there would be a requirement). US courts may not have jurisdiction abroad, but the executor of actions is presumably or will presumably be on American soil at some point.