EUA, execução extra-judicial: já mata americanos sem acusar ou julgar, até sem "clara evidência".
According to an unclassified Department of Justice white paper released by NBC News, the U.S. government cankill Americans without charge or trial or even “clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future” as part of the highly controversial drone assassination program. The 16-page paper (mirrored here) released late February 4, 2013 is not, however, the Office of Legal Counsel memo which was at issue in the case in which a judge ruled the federal government can claim the right to legally kill Americans without ever revealing that legal justification.
The undated paper is not an official legal memo, although according to NBC, “the white paper was represented by administration officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s Office of Legal Counsel, which provides authoritative legal advice to the president and all executive branch agencies.” “Basically, it argues that the government has the right to carry out the extrajudicial killing of an American citizen,” Jaffer said. “It recognizes some limits on the authority it sets out, but the limits are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”
The paper, which NBC calls “confidential” yet not classified, was reportedly given to members of the Senate Intelligence and Judiciary committees in June of last year by officials in the Obama administration “on the condition that it be kept confidential and not discussed publicly.” It outlines an incredibly ambiguous three-part test that supposedly makes the execution of Americans without charge or trial:
The paper, which NBC calls “confidential” yet not classified, was reportedly given to members of the Senate Intelligence and Judiciary committees in June of last year by officials in the Obama administration “on the condition that it be kept confidential and not discussed publicly.” It outlines an incredibly ambiguous three-part test that supposedly makes the execution of Americans without charge or trial:
1) - The targeted American must be an “imminent” threat (imminent is redefined in the memo in order to completely strip it of its usual meaning)
2) - The capture of the target must be infeasible and “U.S. officials may consider whether an attempted capture of a suspect would pose an ‘undue risk’ to U.S. personnel involved in such an operation,” as NBC puts it (emphasis mine)
3) - The strike must be conducted according to what the document calls “law of war principles” (keep in mind that a 16-year-old American was killed under this program).
clique aqui.
2) - The capture of the target must be infeasible and “U.S. officials may consider whether an attempted capture of a suspect would pose an ‘undue risk’ to U.S. personnel involved in such an operation,” as NBC puts it (emphasis mine)
3) - The strike must be conducted according to what the document calls “law of war principles” (keep in mind that a 16-year-old American was killed under this program).
clique aqui.
