assuming that osama bin laden were actually captured- not killed on the battlefield- he'd presumably be tried in a federal court in the US; i'm a little confused since, though of course this might happen, how under the law can you prosecute someone who's not an american citizen, as he's clearly not; doesn't the constitution and federal statues apply to american citizens only? i'm just trying to understand how the process works. thanks.
2007-09-29 18:50:32 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Bin Laden could be indicted on about 3,600 counts of conspiracy to commit murder, conspiracy to commit air piracy, etc. The indictments could properly be brought in the federal district courts for Maine, Massachusetts, New Jersey, Western District of Pennsylvania, Southern District of New York and the Eastern District of Virginia. Each of the applicable counties could try Bin Laden on the same crimes. Conspiracies can be prosecuted anywhere that any part of the conspiracy took place. Some of the hijackers boarded in Maine, flew to Boston, crashed planes into New York. Others took off from New Jersey and crashed into Pennsylvania and Virginia.
Alternatively he could be tried by some kind of international war crimes tribunal for waging an aggressive war, crimes against peace and waging war against a civilian population. That was the approach taken against the German war criminals after World War II. The benefit of the alternative would be that the segments of the Arab world that admire and believe in Bin Laden might have an easier time accepting the verdicts of an international tribunal than a United States District Court.
2007-09-29 20:32:03 · answer #1 · answered by mattapan26 7 · 0⤊ 0⤋
Not at all. Osama would be brought back here to the united states and tried under united states law because the offense was commited on us territory. So no, the laws do not only apply to american citizens only.
that would be like me going to another country, killing 100 people and coming home, fully expecting that there's nothing they can do because i'm not a citizen of their country. doesn't work like that.
where the crime was commited is where the person would stand trial and be sentenced.
2007-09-29 19:08:43 · answer #2 · answered by StangGirl 4 · 0⤊ 0⤋
International law has solutions for international criminals. If Osama was caught he should be tried fairly in the World Court by impartial judges. That's why international courts exist in the first place. Trying him in the US, under US law, would be like a criminal being tried by the family of the victim. At least that's what it would look like to the rest of the world.
But international law and treaties and conventions and traditions don't mean much to the US these days. We would have no trouble trying Osama, allowing only the evidence we wanted to be heard, etc. As we did with General Noriega. If Osama was found innocent it would make Bush look like a monkey, so there's no way that would be allowed. In fact the whole purpose of the trial would be for propaganda purposes, since our guys could just as easily have killed him in the first place rather than capture him.
Consider also Saddam Hussein's trial. He was tried in his own country but the trial was set up by Americans--the judges and jury picked by Americans, the charges set up and lawyers appointed, etc. The trial was carefully set up not to allow Saddam to testify that in most of what he had done he had the cooperation and considerable help from the US. The crime he was tried for was a relatively small one, in the whole scheme of things, and was something he had done on his own, without US help. If he had been tried for gassing the Kurds, for instance, it would have to have come out in the trial where he got the gas and the training to use it.
2007-09-29 19:11:06 · answer #3 · answered by Anonymous · 0⤊ 2⤋
By American law, if you commit a crime against Americans anywhere in the world, you be tried in an American court. The Federal Court System does not care how you were brought to appear before them. It just cares that you do appear.
2007-09-30 05:01:54 · answer #4 · answered by ? 6 · 0⤊ 0⤋
The Constitution applies to everyone in the U.S., legal or otherwise. There is precedent for trying a person for acts against the U.S. The former president of Panama was brought to this country and tried and convicted. He is still in a federal prison.
2007-09-29 18:59:38 · answer #5 · answered by bigjohn B 7 · 2⤊ 0⤋
No, we try non-citizens for crimes all the time. If you commit the crime within our jurisdiction, you are subject to our laws.
So, if Bin Laden is actually connected to the WTC terrorism for example, which happened on our soil, we could try him here for those murders and put him away.
2007-09-29 19:05:53 · answer #6 · answered by raichasays 7 · 1⤊ 0⤋
The US can prosecute any one for a crime committed where the US has jurisdiction. Generally a non-citizen serves their sentence and then is deported. I would guess he would be tried on a US military base outside the US and executed.
2007-09-29 19:04:10 · answer #7 · answered by Anonymous · 0⤊ 1⤋
she's gonna be the subsequent brittney spears & she is gonna be pregnant quickly i hate her "the perfect of the two worldss" hmmhh? ought to intend sumthing Im wit yuh shes the nxt terrorist/Osama bin encumbered/Brittney oh lordd this international is doomed!
2016-11-06 20:02:57 · answer #8 · answered by laubersheimer 4 · 0⤊ 0⤋
You maybe right. Under immigration law he maybe deported instead of doing time. That's why the mission would have to be shot to kill.
2007-09-29 18:55:09 · answer #9 · answered by Nathan 3 · 0⤊ 2⤋
Don't worry about it. Bin Laden is dead.
2007-09-29 18:55:32 · answer #10 · answered by Anonymous · 0⤊ 1⤋