Obama: U.S. should avoid making bin Laden a martyr

By Caren Bohan

WASHINGTON (Reuters) - Democratic presidential candidate Barack Obama says if Osama bin Laden is captured alive, the United States should bring him to justice but in a way that avoids turning the al Qaeda leader into a martyr.

After meeting with a team of top foreign policy advisers including some seasoned diplomats he has newly recruited, Obama hit back at efforts by his Republican rival John McCain to paint him as weak on fighting terrorism.

McCain allies, including former New York Mayor Rudy Giuliani, have accused Obama of having a "pre-9/11 mindset" that focuses on law enforcement in fighting the war on terror.

But Obama linked McCain's national security approach to that of President George W. Bush, calling it "disastrous" and citing the failure to capture bin Laden as evidence of the failure.

"The record shows that George Bush and John McCain have been weak on terrorism," Obama told reporters. "Their approach has failed. Because of their policies, we are less safe, less respected, and less able to lead the world."

Asked by a reporter how he would proceed if bin Laden were caught during his presidency, Obama said "we may not be able to capture him alive."

"It does not make sense for me to speculate in terms of what the best approach would be in trying him and bringing him to justice," Obama said.

"I think what would be important would be for us to deal with him in a way that allows the entire world to understand the murderous acts that he's engaged in and not to make him into a martyr," he added. "And to assure that the United States government is abiding by basic conventions that would strengthen our hand in the broader battle against terrorism."

Obama, who has sharply criticized the use of the Guantanamo Bay prison in Cuba to hold suspected terrorists, talked of the Nuremberg trials set up after World War II to prosecute Nazi war criminals as an example of how justice could be administered in keeping with a "universal set of principles."

In a series of exchanges reminiscent of the 2004 campaign, McCain's advisers have pounced on Obama for saying terrorism suspects could be treated as criminals "within the constraints of the Constitution."

ATTACKS AS 'POLITICAL BLUDGEON'

In an ABC News interview on Monday night, the Illinois senator contrasted the indefinite detention of Guantanamo Bay detainees with the criminal prosecution of the 1993 World Trade Center bombers.

Giuliani and other McCain allies countered that the fight against terrorism was mishandled prior to September 11.

"The approach that was taken before September 11 of 2001, which I have said many, many times, I believe was a critical mistake -- much more easily recognized in retrospect than at the time, was to not deal with terrorism realistically," Guiliani told reporters in a conference call.

He said that approach amounted to dealing with terrorism "as a defensive matter."