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They had, at that point, not interviewed the witnesses who claimed that Michael Brown was shot down while running away or attempting to surrender.
The key legal question is not whether bin Laden was armed before he was killed, or even whether or not he posed an immediate "lethal threat," but whether he was "positively identified" before the trigger was pulled, and whether Holder is accurate when he says that "there was no indication" that bin Laden was actively attempting to surrender.
But it has never been vague about the claim that all combatants are liable to attack by other combatants at any time during a state of war (assuming that soldiers who are wounded, have surrendered, or are attempting to surrender have ceased to pose a threat and are thus no longer combatants).
Mr Brown's supporters said the teenager was attempting to surrender when he was shot.
Mr Brown's supporters said he was attempting to surrender to Mr Wilson when he was shot.
Much of the debate since August has centred on whether Michael Brown was attempting to surrender to Darren Wilson when he was shot, and protesters have adopted the chant "Hands up, don't shoot".
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Some had attempted to surrender, including two political LTTE leaders, B. Nadesan and S. Puleedevan.
Two days ago, in the town of Chamchamal, 50km from the Iraqi border with Turkey, soldiers attempted to surrender to the Kurdish civilian population.
Up to 70 IRA operatives were involved in the fatal ambush, during which one of the RUC detectives attempted to surrender.
This is why Eric Holder said, during a recent Congressional hearing, that if bin Laden "had surrendered, attempted to surrender, I think we should obviously have accepted that, but there was no indication that he wanted to do that, and therefore his killing was appropriate".
The man was unarmed and appeared to attempt to surrender peacefully after realizing that he couldn't outrun the officers.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com