Ironworks Gaming Forum - View Single Post - What if Omsa Bin Laden seeks political asylum in Europe?

Skunk · 11-14-2001, 08:18 PM

What if Omsa Bin Laden seeks political asylum in Europe?

Scenario:
Supposing Osma Bin Laden somehow manages to board an international flight and arrives at London Heathrow airport. He immediately hands himself over to the immigration officials and claims political asylum...

Issues raised:
Can he be handed over the US government for trial?
In a word, NO. The European Convention on Human Rights expressely forbids handing over *anyone* (no matter what they are suspected of having done) to another power if:

a) A civilian is to be tried in a military court
Bush just signed a law into effect allowing foreign 'terrorists' to be tried in military courts - this is contrary to European law and the extradition would be held up until the recieving power agreed to hold the trial in a civilian court.

b) The person would receive 'an unusual or cruel punishment'
This would include the Death penalty or incarceration without hope of release/parole. So again, the recieving country would have to make an undertaking that neither the death penalty would be applied and that he would be seriously considered for parole within 25 years.

c) The person would receive a fair and impartial trial
Ouch! The real sticking point. Osma Bin Laden could never receive a fair trial in the US. He has been villified, tried and convicted by the press for both the Embassy bombings and the September 11th attacks. Senior politicians on both sides of the Atlantic have publicly claimed his guilt... Almost everyone in the west believes that he is guilty without having seen the evidence for themselves.
It would be impossible to find an unbiased US jury. It can equally be said that virtually every US citizen considers themsevles to be victims of the attack. Would it be fair to send someone to trial with a jury made up of the victims?

And if Britain (or any other European country) just handed him over to the US anyway? Well, apart from stomping all over the principles of the European Convention on Human Rights, we would have succeeded in becoming just like those guys that sent those planes into the WTC... And the Muslim countries would view *that* as symbol of 'western hypocrisy' and they would consider a trial in the US to be a 'show trial'. And Osma Bin Laden would gain martyr status...

If the US had agreed to sign in to the concept of an 'International court for civilian criminals' when it was being discussed (not so long ago), this dillema would not exist. Let's hope that the Bush administration has a change of heart on this issue or that Osma Bin Laden dies at the hands of the Northern Alliance (Not NATO!). Anything else will increase terrorism tenfold...

11-14-2001, 08:18 PM	#1
Skunk Banned User Join Date: September 3, 2001 Location: Amsterdam, The Netherlands Age: 63 Posts: 1,463	What if Omsa Bin Laden seeks political asylum in Europe? Scenario: Supposing Osma Bin Laden somehow manages to board an international flight and arrives at London Heathrow airport. He immediately hands himself over to the immigration officials and claims political asylum... Issues raised: Can he be handed over the US government for trial? In a word, NO. The European Convention on Human Rights expressely forbids handing over anyone (no matter what they are suspected of having done) to another power if: a) A civilian is to be tried in a military court Bush just signed a law into effect allowing foreign 'terrorists' to be tried in military courts - this is contrary to European law and the extradition would be held up until the recieving power agreed to hold the trial in a civilian court. b) The person would receive 'an unusual or cruel punishment' This would include the Death penalty or incarceration without hope of release/parole. So again, the recieving country would have to make an undertaking that neither the death penalty would be applied and that he would be seriously considered for parole within 25 years. c) The person would receive a fair and impartial trial Ouch! The real sticking point. Osma Bin Laden could never receive a fair trial in the US. He has been villified, tried and convicted by the press for both the Embassy bombings and the September 11th attacks. Senior politicians on both sides of the Atlantic have publicly claimed his guilt... Almost everyone in the west believes that he is guilty without having seen the evidence for themselves. It would be impossible to find an unbiased US jury. It can equally be said that virtually every US citizen considers themsevles to be victims of the attack. Would it be fair to send someone to trial with a jury made up of the victims? And if Britain (or any other European country) just handed him over to the US anyway? Well, apart from stomping all over the principles of the European Convention on Human Rights, we would have succeeded in becoming just like those guys that sent those planes into the WTC... And the Muslim countries would view that as symbol of 'western hypocrisy' and they would consider a trial in the US to be a 'show trial'. And Osma Bin Laden would gain martyr status... If the US had agreed to sign in to the concept of an 'International court for civilian criminals' when it was being discussed (not so long ago), this dillema would not exist. Let's hope that the Bush administration has a change of heart on this issue or that Osma Bin Laden dies at the hands of the Northern Alliance (Not NATO!). Anything else will increase terrorism tenfold...