I think you have to take into account the intentions of the creator. James Earl Ray and Lee Harvey Oswald did not intend for these assassinations to be considered art.
There are also varying degrees of art, but one thing they all have in common is that they are
intended to be art. I don't think that art happens by accident--even so-called "found art." In this case, the person who found it and labeled it art has made a conscious and intentional decision.
So if an artist sets someone on fire as an artistic statement then yes, it's art. Likewise, assassination. We don't have to enjoy or approve of art for something to be considered art. It will still be a criminal act as well. Heck, I've seen some performance art pieces that should have been considered criminal.
