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Perhaps we do have a major disconnect, because i do not remember ever saying that OBL should not face the death penalty, or even saying that the military have acted improperly.
I freely admit that i am not an expert on law, either military or otherwise. I defer to those who are. However we all have to realise that OBL and SH will become pawns in the war on terror. The military is there to achieve political objectives. The brave men and women of the armed forces do not start wars, politicians do. The high level objectives are set by politicians.
My opinion is that the political objectives for OBL and SH exist beyond simply elimination.
Much as "unlawful combatants" can exist as is poltically necessary, other clases of prisoner can, and i suspect, will be created.
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