International Extra-judicial killings An applied study in the case of Osama bin Laden's death and hide his body

Abstract

The research provides a legal abstraction image on the concept of detainee in international humanitarian law and their rights, in according with development of international law in giving protection and elaborating in human rights concepts since Hague Convention of 1907. Clarify the specific qualities of the fighter, and then the qualities of a prisoner of war up to Additional Protocol in 1977, which conferred the status of international wars on resistance to occupation. Hence, the fighters of liberation wars have been considered as prisoners of war when they have been captured by the enemy. Due to the case of Osama bin Laden is the subject of this study, with regard to his legal status, which the US side denies any legal status as a legitimate combatant, we conclude that the situation that existed between Osama bin Laden and USA, before the latter killed him, was a state of war. It Must apply to him, a prisoner of war, what applies to the combatants in international wars who captured by the enemy. For clarification, we dealt with in two topics, the first topic: Osama bin Laden between the duty of jihad and the behavior of terrorism, and the second topic: killing outside the scope of international law.