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Law and Moral Ambiguity (Feb 5).doc

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Social Science
SOSC 1375
Olena Kobzar

Law and Moral Ambiguity: What is Murder? Why do we have laws? - to shape the society - to bring stability - right/wrong for society - protection - Why do we have trials? - innocence/guilt - ‘unbias’ opinions - The Trial: - truth/fact finding - tell a story - determine innocence/guilt - to ‘restore’ peace/justice - to punish the guilty Recent Cases: - shafia (gave victims a voice) Terrorism: It’s not a traditional war - It’s not a traditional crime - Domestic Law (Canada and US laws) Constraints International Human Rights Norms State Sovereignty Authorization for Use of Military Force Legal Issues: What is Murder? - cause death Territoriality International Law Two paradigms (different ways of thinking about something): criminal law (law enforcement) and war - criminal law (law enforcement) - war Treaty of Westphalia (1648) Principle of State Sovereignty – political self determination - Principle of Legal Equality between States - all state in the world is equal Principle of Non – Intervention - cant invade another country b.c they did something wrong Targeted Killing: the state targeting a person/group - directed against a person - diffcult to dertermine the level of threat - self defence? Do states have the right to protect themselves - where to draw the lines: no uniforms’ no base, different from traditional theatre of war - Civilian/combatant. Vs. - civilian/lawful combatant(solider/army personal)/unlawful combatant(anyone that’s a threat to the state) Criminal Law Paradigm: - murdering other is wrong, and rules that state rights of person arrested - justify arrest - Individuals are punished for their guilt - guilt must be proven in a court of law - due guarantees (due process) - killing is only permitted if used for self defense and/or immediate necessity of saving more lives War Paradigm: - kill all one can - Deadly force against combatant is legitimate – irrespective of immediate threat level - Legitimate target: combatants belong to an identifiable group – uniform, military bases - Guilt is irrelevant - No attempt to capture is needed Drone War: - first used in Bosnia and Kosovo in 1990’s - Dec, 2009: Obama authorized the expansion of the C.I.A. Drone program - Growth: 1990’s: 50 drones Today: over 70,000 Secret Hit Lists and Recent Cases: Anwar al – awlaki case - After 9/11 Bush gave the CIA authority to kill U.S citizens aboard - The issue of combat zone? - His father: 2010: “please don’t kill my son” - Court considered the legality of targeted killing - Killed Sep. 2011 in Yemen - Anw
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