Targeted Killing In International Law
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Author | : Nils Melzer |
Publisher | : Oxford University Press on Demand |
Total Pages | : 523 |
Release | : 2008-05-29 |
Genre | : Law |
ISBN | : 0199533164 |
This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.
Author | : Markus Gunneflo |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2016-05-12 |
Genre | : History |
ISBN | : 1107114853 |
Explores the emergence of targeted killing in Israeli and US statecraft, and in the international law of force.
Author | : Claire Oakes Finkelstein |
Publisher | : Oxford University Press |
Total Pages | : 518 |
Release | : 2012-03 |
Genre | : Law |
ISBN | : 0199646481 |
The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers and philosophers grappling with the moral and legal limits of the war on terror. This text examines the legal and philosophical issues raised by government efforts to target suspected terrorists.
Author | : Nils Melzer |
Publisher | : OUP Oxford |
Total Pages | : 528 |
Release | : 2008-05-29 |
Genre | : Law |
ISBN | : 0191029874 |
This book conducts an in-depth analysis into the lawfulness of State-sponsored targeted killings under international human rights and humanitarian law. It also addresses the relevance of the law of inter-state force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the intentional use of lethal force. Through a comprehensive analysis of treaties, custom, and general principles of law in light of jurisprudence, doctrine, and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern the use of lethal force in law enforcement and in the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities is illustrated by reference to concrete examples of targeted killing from recent State practice. In essence the book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a 'microscopic' interpretation of the law regulating the conduct of hostilities which leads to nuanced results. The author concludes by highlighting and comparing the main areas of concern arising with regard to State-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the wider context of the rule of law.
Author | : Thomas B. Hunter |
Publisher | : Thomas Hunter |
Total Pages | : 55 |
Release | : 2009 |
Genre | : Assassination |
ISBN | : 143925205X |
This is an objective, strategic assessment of the role, usefulness, and logistical concerns posed by state-sponsored targeted killing and its overall efficiency in the current war on global terrorism.
Author | : Claire Finkelstein |
Publisher | : OUP Oxford |
Total Pages | : 517 |
Release | : 2012-03-01 |
Genre | : Law |
ISBN | : 0191625906 |
The war on terror is remaking conventional warfare. The protracted battle against a non-state organization, the demise of the confinement of hostilities to an identifiable battlefield, the extensive involvement of civilian combatants, and the development of new and more precise military technologies have all conspired to require a rethinking of the law and morality of war. Just war theory, as traditionally articulated, seems ill-suited to justify many of the practices of the war on terror. The raid against Osama Bin Laden's Pakistani compound was the highest profile example of this strategy, but the issues raised by this technique cast a far broader net: every week the U.S. military and CIA launch remotely piloted drones to track suspected terrorists in hopes of launching a missile strike against them. In addition to the public condemnation that these attacks have generated in some countries, the legal and moral basis for the use of this technique is problematic. Is the U.S. government correct that nations attacked by terrorists have the right to respond in self-defense by targeting specific terrorists for summary killing? Is there a limit to who can legitimately be placed on the list? There is also widespread disagreement about whether suspected terrorists should be considered combatants subject to the risk of lawful killing under the laws of war or civilians protected by international humanitarian law. Complicating the moral and legal calculus is the fact that innocent bystanders are often killed or injured in these attacks. This book addresses these issues. Featuring chapters by an unrivalled set of experts, it discusses all aspects of targeted killing, making it unmissable reading for anyone interested in the implications of this practice.
Author | : Roland Otto |
Publisher | : Springer Science & Business Media |
Total Pages | : 675 |
Release | : 2011-12-01 |
Genre | : Law |
ISBN | : 3642248586 |
Existing international law is capable to govern the “war on terror” also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court’s view, international humanitarian law is not complemented by human rights law, but human rights law is – to some degree – complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.
Author | : Antulio J. Echevarria II |
Publisher | : Oxford University Press |
Total Pages | : 161 |
Release | : 2024 |
Genre | : History |
ISBN | : 0197760155 |
Military Strategy: A Very Short Introduction adapts Clausewitz's framework to highlight the dynamic relationship between the main elements of strategy: purpose, method, and means. Drawing on historical examples, Antulio J. Echevarria discusses the major types of military strategy and how emerging technologies are affecting them. This second edition has been updated to include an expanded chapter on manipulation through cyberwarfare and new further reading.
Author | : Jack McDonald (Ph.D.) |
Publisher | : Oxford University Press |
Total Pages | : 330 |
Release | : 2017 |
Genre | : History |
ISBN | : 0190683074 |
McDonald's book lays bare the legal and political consequences of Washington's pursuit of militarised counterterrorism in the post-9/11 era
Author | : Amos N. Guiora |
Publisher | : |
Total Pages | : 107 |
Release | : 2013 |
Genre | : Targeted killing |
ISBN | : 9780199333288 |
In 'Legitimate Target: a Criteria-Based Approach to Targeted Killing', Amos Guiora proposes that targeted killing decisions must reflect consideration of four distinct elements: law policy, morality, and operational details, thus ensuring that it complies with principles of domestic and international laws.