bguy
Donor
The biggest problem was how to try him – bin Laden couldn’t be found guilty of murder as he didn’t directly kill the people.
That's incorrect. You don't have to directly kill someone to be guilty of murder.
Section two of Title 18 of the United States Code:
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
Also, criminal conspirators are generally legally responsible for all crimes committed in the course of the conspiracy by their co-conspirators, so long as those crimes were reasonably foreseeable as a result of the conspiracy. (i.e If you and I plot together to rob a bank, and in the course of the bank robbery I panic and kill a security guard, we're both going to get charged with that murder.) (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
Thus Bin Laden certainly can and would be charged with thousands of counts of murder. Both as an accessory before the fact and a co-conspirator he is every bit as legally responsible for the murders as the people who directly did the killing.
Here's a link to the indictment that was issued against Bin Laden for the African embassy bombings. You'll see that (among other things) Bin Laden was charged with hundreds of counts of murder.
http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/binladen/usbinladen1.pdf