Hi folks, I apologize for this in advance, as it is a bit of a rant.
However, at Law school we have a joke about the "Credible Hulk"
so it is a rant very much in that spirit.
This is a side-issue to the neck-snap, I've already said I agree with it, under the circumstances, and I'm okay with Superman killing in extreme circumstances.
However, I have a massive pet peeve. I've seen taglines and comments from folks who say Superman "murdered Zod" or Superman is not a "murderer" (the implication being that MOS got something fundamentally wrong and that that mistake was having Superman murder Zod).
I'm here to set the record straight on the use of MURDER, in respect of the
end of MOS.
Anyone who says that what Superman did was murder, is WRONG !
Here's why:
Simply put, murder is a legal construct, it involves one human intentionally killing another without legal justification (immediately it doesn't apply to Superman, but let's assume he and Zod could be considered as human for the purposes of the law).
In every common law country homicide can be justified by self-defence, (and some countries also recognize necessity and duress of circumstances as common law defences). Self-defence is generally categorized in legislation, as use of force in defence of oneself or another.
Whether you choose to see Zod as threatening the family in the train station, or the entire human race (which would probably validate the common law necessity defence) he's threatening to kill humans. Now assuming Metropolis is analogous to New York in terms of its laws, check out Article 35.15.2 in respect of use of deadly force as self-defence (remember that's in defence of oneself or others).
S 35.15 Justification; use of physical force in defense of a person.
1. A person may, subject to the provisions of subdivision two, use
physical force upon another person when and to the extent he or she
reasonably believes such to be necessary to defend himself, herself or a
third person from what he or she reasonably believes to be the use or
imminent use of unlawful physical force by such other person, unless:
(a) The latter's conduct was provoked by the actor with intent to
cause physical injury to another person; or [ no, clearly Superman did not
provoke Zod's actions with the relevant intention, so does not apply]
(b) The actor was the initial aggressor; except that in such case the
use of physical force is nevertheless justifiable if the actor has
withdrawn from the encounter and effectively communicated such
withdrawal to such other person but the latter persists in continuing
the incident by the use or threatened imminent use of unlawful physical
force; or
[ no Zod was the initial aggressor, so does not apply]
(c) The physical force involved is the product of a combat by
agreement not specifically authorized by law.
[ no, not a combat by agreement]
2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) The actor reasonably believes that such other person is using or
about to use deadly physical force. Even in such case, however, the
actor may not use deadly physical force if he or she knows that with
complete personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating
What happens if Superman retreats ? Zod kills more humans.
Ergo, you have justification for deadly force.
Clearly Superman is justified in killing Zod, and no jury in the world could find him otherwise, if they apply the law (which juries often don't, but then that would be a point of appeal). As such, Superman did not murder Zod. He killed Zod, but there can be a world of difference between killing someone and being a murderer. Superman is not a murderer, he made a hard choice, and in the circumstances did the right thing. His actions would almost certainly be legally justified, and as such he cannot be called a murderer, nor what he did was murder.
(ps- I'm an Honours Law student (and a fan of Superman) and it's a bit of a pet peeve when people describe what Supes did as murder. There are similar provisions in our own Crimes Act, down here in NZ, and under our law Superman would be able to rely on self-defence as a justification, but not necessity. )