The Bin Laden Killing - Extrajudicial Execution and Incarceration in Jewish Law

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The Bin Laden Killing: Extrajudicial Execution and Incarceration in Jewish Law

Do the laws of war and international criminal justice adequately address unusual cases such as terrorists, piracy or rogue states? What is the legal basis for targeted assassination? A contrast between contemporary, secular legal thought and the Torah's judicial system.

Topics:

Law; Jurisprudence, Capital Punishment, Crime & Criminal Justice, Terrorism

By Shlomo Yaffe

Rabbi Shlomo Yaffe is a frequent contributor of articles and media to Chabad.org, is Dean of the Institute of American and Talmudic Law in New York, N.Y., and Rabbi of Congregation B'nai Torah in Springfield. Mass. Rabbi Yaffe has lectured and led seminars throughout North America, as well as in Europe, Asia, Latin America, and Africa.

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4 Comments

Mark Blumenthal Knoxville, TN May 2, 2012

Executing Bin Laden Killing a man for our own protection during a just war is not murder; it is consistent with our right for self protection against someone who has sworn to murder us.

The United States and the entire Jewish People were engaged in a just war with Bin Laden and Al Qaida who had sworn to kill us.

Killing the leader of one's sworn enemy during a just war is, in my opinion, entirely sound.

I do not rejoice at the death of any man, but I felt great relief at Bin Laden's death, and gratitude to President Obama for succeeding where President Bush had failed. Reply

CHAITANYA kumar Newpaltz, New York May 2, 2012

excellent true message.. Reply

Justin Roth Staten Island, NY May 1, 2012

Great Lecture! According to Rabbi Yaffe's talk, the Talmud states that a sovereign nation should not, under any circumstances, permit a foreign entity to invade it's space. To succumb to the demands of the invading entity for the sake of a perceived "peace" will just make the invaders more emboldened to further disregard the invaded nation's sovereignty. As Rabbi Yaffe correctly points out, an invaded nation should not yield to an invading entity.
I think this can also apply to one's own private life. What if one person who is hostile towards another demands things of that person that he or she is unwilling to do? It is clear to me from this talk, that one should not, under any circumstances yield to that hostile persons demands! To do so would just embolden the hostile person in much the same way the hostile nation is emboldened!
Though there was much more said during this talk, this is the main lesson I took away from the Rabbi. Chai and Shalom for everyone, if we respect each other. Reply

DovG Walterboro, SC September 15, 2011

Excellent explanation !!!!
It is a MUST for every one involved in a judiciary system, if an honest man, to
listen carefully many times in order to understand !!!! Reply