"... so there we are with an intractable problem as to what to do legally with him..." The key word here I think is "intractable", Parsifal,
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Justice.
That concept has changed a great deal in my lifetime - and I'm not sure for the better. I don't know how it is in Oz but in this country we no longer differentiate between criminals and victims of criminals. The "justice system" deems it more important to recognize the "equality" of both as human beings with the result that no justice is served whatsoever.
Your quote from Ben Franklin is a fine quote, Parsifal, but it was spoken by a Christian Euro-American addressing Christian Euro-Americans and was meant to be understood by them.
When one discusses "justice" it is naive to believe that the term is universally understood to mean what one intends it to mean. Osama Bin Ladin spent his life playing "games". He used and was used by America in Afganistan against the Russians. He never advocated American or Christian justice while understanding clearly what American values were as well as American strengths and weaknesses. He knew America better than America knew him. Advantage Bin Ladin.
In the best of all worlds, America would have a trustworthy partner in Pakistan - but that is not the case. Were it the case, Bin Ladin would have been outed years ago by the Pakistanis and received Islamic justice (or not). Whatever his fate under that system, the world (especially the Islamic world) would have witnessed the closure of the Bin Ladin saga. Some would have liked the end, others would have thought it brutal or a travesty of justice. No mind.
Faced with solving the problem with its own resources, and no trustworthy Islamic partner, America did what it had to do. End of story. Sometimes the end justifies the means.
Instead of a message of "justice" - America sent a message that "we are patient, we are tireless, if you attack us we will not stop until we destroy you". At a time when America (and the Christian west) is under the constant threat of subversion and attack, that is not a bad message to send to the world.
What comparable moral situation did Mr. Franklin ever face, Parsifal, despite his fine thoughts?
Myself, I prefer the words of Ted Roosevelt. "Talk quietly and carry a big stick". It works in bear country
and the world is bear country.
MM