slightly

from glenn:

Suppose (for the sake of discussion) that: (a) the U.S. learns exactly where Osama bin Laden is located in Pakistan; (b) there is ample evidence that bin Laden (i) perpetrated the 9/11 attacks and (ii) is in the advanced stages of planning new imminent attacks on the U.S.; and (c) the Pakistani Government is either unwilling or unable to apprehend bin Laden in order to extradite him to the U.S. for trial. Further suppose that efforts to compel the Pakistanis to do so through the U.N. are blocked (because, say, China or Russia vetoes any actions).

What, if anything, is the U.S. (under current facts) permitted to do about Osama bin Laden, who -- we're assuming for purposes of these discussions -- clearly perpetrated the 9/11 attacks and is in the process of plotting new attacks? As far as I can tell, the options would be: (a) drop a bomb on him and kill him with no due process; (b) enter Pakistan, apprehend him, and bring him to the U.S. for a trial (i.e., rendition); or (c) do nothing, and just leave him be.

Those who are arguing that rendition is illegitimate in all cases (rather than in the torture-enabling and disappearance-causing forms used by Bush) have the obligation to answer that question specifically (and the same question would pertain to a common criminal -- say, a mass murderer -- who flees the U.S. to a country which refuses to comply with its extradition obligations to send the accused murderer to the U.S. for trial).

http://www.salon.com/opinion/greenwald/2009/02/02/renditions/index.html

from lkonstan:

Suppose (for the sake of discussion) that in 2007: (a) Afghanistan learns exactly where George W. Bush is located in the U.S.; (b) there is ample evidence that W. (i) illegally detained and tortured its citizens and (ii) is continuing these policies with the intention of doing so indefinitely; and (c) the U.S. government (both Dems and Republicans) is either unwilling or unable to apprehend W. in order to extradite him to the the Netherlands for trial. Further suppose that efforts to compel the U.S. to do so through the U.N. are blocked (because, say, the U.S. vetoes any actions).

What, if anything, is Afghanistan (under current facts) permitted to do about Bush, who -- we're assuming for purposes of these discussions -- clearly committed war crimes and is continuing to do so? As far as I can tell, the options would be: (a) send a suicide bomber to the U.S.; (b) enter the U.S., apprehend him, and bring him to the Netherlands for a trial (i.e., rendition); or (c) do nothing, and just leave him be.

Those who are arguing that rendition is illegitimate in all cases... have the obligation to answer that question specifically (and the same question would pertain to a common criminal -- say, a mass murderer -- who flees Afghanistan to a country which refuses to comply with its extradition obligations to send the accused murderer to Afghanistan for trial).

http://letters.salon.com/opinion/greenwald/2009/02/02/renditions/permalink/02553e9904190abaf43f93438dd53b96.html