this post was submitted on 03 Jul 2024
1170 points (99.3% liked)

politics

19120 readers
2308 users here now

Welcome to the discussion of US Politics!

Rules:

  1. Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.

Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.

Example:

  1. Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
  2. Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
  3. No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
  4. Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
  5. No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.

That's all the rules!

Civic Links

Register To Vote

Citizenship Resource Center

Congressional Awards Program

Federal Government Agencies

Library of Congress Legislative Resources

The White House

U.S. House of Representatives

U.S. Senate

Partnered Communities:

News

World News

Business News

Political Discussion

Ask Politics

Military News

Global Politics

Moderate Politics

Progressive Politics

UK Politics

Canadian Politics

Australian Politics

New Zealand Politics

founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 1 points 4 months ago (1 children)

It's simple really. It's not murder when someone in the military kills an enemy combatant. Murder is illegally taking another's life, and members of the military can legally kill enemy combatants. That's laid out in the Geneva Conventions and all of that.

The President is the commander in chief, so he doesn't need immunity to order some terrorists taken out. That's the way it's worked for nearly 250 years. Joe Citizen is not a member of the military and is not the president, so generally they can expect to get in trouble for that sort of thing.

The President can order some terrorists killed the same way a fighter pilot can shoot down an enemy plane, a soldier can throw a grenade into an enemy foxhole, or navy captain can order the shelling of an enemy position.

Also note that immunity here doesn't mean something is legal for that person. The act is still just as illegal as it has always been. It just means that the person who has immunity can't be prosecuted for it. And in the case of absolute immunity, can't even be charged for it, unlike things like qualified immunity where someone can still be charged and then can argue immunity as their defense the courts get to decide if it actually applies.

As such, a member of the military doesn't have or need immunity, because what they are doing isn't illegal. That also applies to the president in that sort of situation.

[–] [email protected] 1 points 4 months ago (1 children)

United States of America v. Ramiz Zijad Hodzic et al., United States District Court for the Eastern District of Missouri, Eastern Division, No.4:15CR49CDP/DDN, 9 May 2018

Lawful combatants enjoy “combatant immunity” for acts of warfare, including the wounding or killing of other human beings, “provided those actions were performed in the context of ongoing hostilities against lawful military targets, and were not in violation of the law of war.”

[–] [email protected] 1 points 4 months ago

That's a different thing entirely. Members of the US military don't have combatant immunity when it comes to the US legal system, because what they are doing is legal in terms of the law. Combatant immunity would apply if they are captured as a POW by another nation following the Geneva conventions, which basically says that nation can't charge them for acts of warfare, murder, etc. for participating in the war as a combatant. So long as they weren't committing war crimes or something along those lines. So once again the President, as the commander in chief, doesn't need immunity to order an airstrike or whatever, because it's already legal for him/her to do so.