Originally posted by Chili
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By nature of the "capture" portion of a kill or capture order, and Bin Laden's position as a combatant leader and military target, it wasn't an assassination.
The concern here is in Protocol 1 of the Geneva Convition (of which Bin Laden was a repeated offender). Specifically, if he was no longer a part of the fight.
By definition:
A person is 'hors de combat' if:
(a) he is in the power of an adverse Party; (b) he clearly expresses an intention to surrender; or (c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself; provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
None of which Bin Laden fell under. Considering the porousness of the Pakistani/Afghani border, and his position in directly commanding enemy forces, he is easily labeled an enemy commander in the field.
Admittedly, the law of written to cover traditional forces and war so it won't fit the situation perfectly,
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