Here's why:
In 2007, documents pertaining to the classified Rules of Engagement in Afghanistan entered the public domain, including a summary from 2004 that gave examples of authorized U.S. military incursions into Pakistan. For instance, the document stated, the “hot pursuit” of Al Qaeda militants into Pakistan was permitted, though the pursuit from one country to the other had to be “continuous and uninterrupted.” Also permitted was a direct action “against The Big 3,” a reference to bin Laden, Ayman al Zawahiri, and Mullah Omar, the Taliban’s supreme leader. Finally, to add even greater flexibility, the document permitted cross-border incursions, apparently based on unforeseen circumstances, at the discretion of the Secretary of Defense. One caveat the document put upon these actions was “geographic limits.” It stated: “General Rule: penetrate no deeper than 10km.” Such limits, the language suggests, were not sacrosanct.
Had bin Laden been armed and shooting at the time of the raid, he would have very easily met the standard of a combat-based target, and could legally have been killed. But as Jay Carney, the White House spokesperson, said the other day, “Resistance does not require a firearm.” Bin Laden could have been legally killed if he were holding a weapon and not firing—or if he were holding no weapon at all. Any soldier seeing bin Laden and recognizing him could make a reasonable assumption that he had “hostile intent.” After all, Al Qaeda bodyguards were nearby, and they were shooting at the Navy SEALs to defend him.
Read more http://www.newyorker.com/online/blo...en-the-rules-of-engagement.html#ixzz1LQra6SxO
Then how was he resisting exactly?
How does a 50+ year old with dodgy kidneys resist heavily armed SEALs? how does that work exactly?