Did Obama’s assassination of Awlaki violate the “War Powers Resolution?, page 1
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Topic started on 4-10-2011 @ 10:34 AM by beanandginger
Three questions:
Did Obama’s assassination of Awlaki violate the “War Powers Resolution?

Link to Wikipedia:
en.wikipedia.org...

“The War Powers Resolution of 1973 (50 U.S.C. 1541-1548)[1] is a federal law intended to check the power of the President in committing the United States to an armed conflict without the consent of Congress. The resolution was adopted in the form of a United States Congress joint resolution; this provides that the President can send U.S. armed forces into action abroad only by authorization of Congress or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." Wikipedia

Is the term “armed forces” defined and does it include drones?

If not the “War Powers Resolution” then what was the justification?

We have a right to know. Same questions apply to Libya.

Don't get me wrong Awlaki was probably a bad guy and needed to go but the Federal government seems to be on a slippery slope these days. They seem to openly skirt the constitution whenever it suits them.

Alwaki may have been a bad guy but for the grace of God there we go....how soon before they start tracking down message board posters and screwing up their credit or sicking the IRS on them.

Has the Federal Government become the weapon of the Military / Corporate / Wall Street / Industrial complex - to use as it wishes against enemies foriegn and domestic - percieved or real - citizen or institution?


reply posted on 4-10-2011 @ 10:53 AM by svetlana84
reply to post by beanandginger



Not only that.
It violated US laws, the constitution, the geneva convention And human rights.

And this coming from a peacenobel prize winning, constitutional lawyer who promised 'change'.
A very sad day for America.


reply posted on 7-10-2011 @ 06:45 AM by svetlana84
reply to post by JIMC5499



What US Laws have been violated:

- The law that every criminal case should be treated in front of a Jury
- the accused has a right for a fair trial
- the accused has a right do defend himself
- the accused is innocent until proven guilty



About the constitution:
Constitution, The Bill of Rights

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."



And the Geneva Convention:
"Grave breaches

Not all violations of the treaty are treated equally. The most serious crimes are termed grave breaches, and provide a legal definition of a war crime. Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person protected by the convention:

- willful killing, torture or inhumane treatment, including biological experiments
- willfully causing great suffering or serious injury to body or health
- willfully depriving someone of the right to a fair trial if accused of a war crime.


Further you note: "Human rights violations seems to only count when they can be used to bash the US." So hwat about US invading Iraq, Afghanistan and Lybia to "fight against Human rights violation" ??


reply posted on 8-10-2011 @ 05:48 AM by svetlana84
reply to post by TheImmaculateD1



so let's debunk that. Do youbhave any proof or evidence that this guy was involved in any of the things you accuse him of ?
Since even obama does not want to give us information on it, i somehow doubt the story and think we have just another scapegoat / triple letter double agent at work here.


reply posted on 8-10-2011 @ 05:14 PM by TheImmaculateD1
reply to post by svetlana84



The fact he swore on the destruction of the US not matter? Nah! This is what legitimatized the order.



reply posted on 8-10-2011 @ 05:25 PM by FurvusRexCaeli
To the OP:

No. The 2001 Authorization for Use of Military Force Resolution constitutes specific statutory authorization and satisfies War Powers Resolution requirements.

www.gpo.gov...

Is the term “armed forces” defined and does it include drones?

The US Armed Forces are the Army, Navy, Marine Corps, Air Force, and Coast Guard. That's defined in 10 USC 101, if I remember correctly. If a UAV belongs to one of those branches, it's included.
edit on 8-10-2011 by FurvusRexCaeli because: (no reason given)



reply posted on 8-10-2011 @ 05:41 PM by FurvusRexCaeli
Originally posted by svetlana84
reply to
post by JIMC5499



What US Laws have been violated:

- The law that every criminal case should be treated in front of a Jury
- the accused has a right for a fair trial
- the accused has a right do defend himself
- the accused is innocent until proven guilty

1. A military action is not a criminal case, so the absence of a jury is to be expected.
2. Military targets do not get trials, and never have.
3. In a judicial proceeding, yes. Military action is not a judicial proceeding.
4. Guilt and innocence are never adjudicated before striking a military target.

About the constitution:
Constitution, The Bill of Rights

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

That's not in the Bill of Rights, that's the Fourteenth Amendment, and it only applies to states. You're probably thinking of the Fifth Amendment. Anyway, the operative law in a military theater is the law of land warfare, and Awlaki got all the process due to him under that law.

And the Geneva Convention:
"Grave breaches

Not all violations of the treaty are treated equally. The most serious crimes are termed grave breaches, and provide a legal definition of a war crime. Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person protected by the convention:

- willful killing, torture or inhumane treatment, including biological experiments
- willfully causing great suffering or serious injury to body or health
- willfully depriving someone of the right to a fair trial if accused of a war crime.

Awlaki was not a protected person under the Geneva Conventions, or under customary international humanitarian law. There was no grave breach in killing him.

Further you note: "Human rights violations seems to only count when they can be used to bash the US." So hwat about US invading Iraq, Afghanistan and Lybia to "fight against Human rights violation" ??

We didn't invade Iraq or Afghanistan to fight against human rights violations. We invaded them to defend ourselves against Al Qaeda and to enforce UN Security Council Resolutions, respectively.


reply posted on 10-10-2011 @ 03:18 AM by TheImmaculateD1
reply to post by NeoVain



WE do not have to declare war upon a nation just to get one high valued target. He swore upon the destruction of the fortress and wore the uniform of the enemy nullifies everything.

Example,

Tomorrow you join up with say, Hezbollah and plot and plan to kill Americans. The edict from 2001 allows the US to dispatch a sniper team to your locale and deal with you. The "Kill 1 to save 1,000" thinking more then applies here.
edit on 10-10-2011 by TheImmaculateD1 because: (no reason given)

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