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Targeted Killing in International Law by Nils Melzer Pdf
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.
Targeted Killings by Claire Finkelstein,Jens David Ohlin,Andrew Altman Pdf
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.
Targeted Killing in International Law by Nils Melzer Pdf
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 : Roland Otto Publisher : Springer Science & Business Media Page : 664 pages File Size : 43,9 Mb Release : 2011-12-01 Category : Law ISBN : 9783642248580
Targeted Killings and International Law by Roland Otto Pdf
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.
The Transformation of Targeted Killing and International Order by Martin Senn,Jodok Troy Pdf
This comprehensive volume addresses the important question of whether and how the current transformation of targeted killing is transforming the global international order. The age-old practice of targeted killing has undergone a profound transformation since the turn of the millennium. States resort to it more frequently, especially in the context of counter-terrorism operations. The rapid development of surveillance and drone technologies facilitates targeted-killing missions, and states are starting to slowly abandon their policies of secrecy and denial with regard to this form of violence. To answer this question, the volume introduces a theoretical framework that conceives the maintenance and transformation of international order as a dynamic, triangular process between violence, discourse, and the institutions that make up the international order. It then sheds light on different parts of this triangular process: the reinterpretation of international law to legitimize targeted killing, the contestation between state and non-state actors over the development of a new targeted-killing norm, the emergence of targeted killing in the context of changes in the broader normative context of international order, and the impact of new technologies, in particular autonomous weapons systems, on the future of targeted-killing practices and international order. This book was originally published as a special issue of Contemporary Security Policy.
Targeted Killings, Law and Counter-Terrorism Effectiveness by Ophir Falk Pdf
This book examines the permissibility and effectiveness of targeted killing in campaigns against terror. Targeted killing has become a primary counterterrorism measure used by several countries in their confrontation with lethal threats. The practice has been extensively used by the US in Afghanistan, Iraq, Pakistan, Yemen and Somalia, and by Israel in the West Bank and Gaza. Several studies have already explored the difficult balance between achieving security while maintaining the liberties and rights of a country’s civilians. This book goes a step further by seeking to examine whether maintaining those liberties by complying with legal standards and minimizing unintended deaths can be more effective for national security. Using targeted killing applied by Israel, in particular, as well as the United States during the first decade of the twenty-first century as case studies, this book explores that question and ultimately assesses whether compliance with legal standards can strengthen a state in its campaign against terrorism and thus provide stronger security. The book focuses on civilian-related criteria, hypothesizing that minimizing civilian casualties will maximize effectiveness in an asymmetric war setting. The conclusions are not limited to a specific tactic or theater, and if adopted might have far-reaching implications for how asymmetric warfare is strategized. This book will be of much interest to students of counter-terrorism, law, Middle Eastern studies, and security studies.
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.
Laws, Outlaws, and Terrorists by Gabriella Blum,Philip B. Heymann Pdf
Guidance for maintaining national security without abandoning the rule of law and our democratic values. In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its “global war on terrorism,” the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a “no-law zone.” In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.
Cultural Politics of Targeted Killing by Kyle Grayson Pdf
The deployment of remotely piloted air platforms (RPAs) - or drones - has become a defining feature of contemporary counter-insurgency operations. Scholarly analysis and public debate has primarily focused on two issues: the legality of targeted killing and whether the practice is effective at disrupting insurgency networks, and the intensive media and activist scrutiny of the policy processes through which targeted killing decisions have been made. While contributing to these ongoing discussions, this book aims to determine how targeted killing has become possible in contemporary counter-insurgency operations undertaken by liberal regimes. Each chapter is oriented around a problematisation that has shaped the cultural politics of the targeted killing assemblage. Grayson argues that in order to understand how specific forms of violence become prevalent, it is important to determine how problematisations that enable them are shaped by a politico-cultural system in which culture operates in conjunction with technological, economic, governmental, and geostrategic elements. The book also demonstrates that the actors involved - what they may be attempting to achieve through the deployment of this form of violence, how they attempt to achieve it, and where they attempt to achieve it - are also shaped by culture. The book demonstrates how the current social relations prevalent in liberal societies contain the potential for targeted killing as a normal rather than extraordinary practice. It will be of great use for academic specialists and graduate students in international studies, geography, sociology, cultural studies and legal studies.
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.
Debating Targeted Killing by Tamar Meisels,Jeremy Waldron Pdf
Known terrorists are often targeted for death by the governments of Israel and the United States. Several thousand have been killed by drones or by operatives on the ground in the last twenty years. Is this form of killing justified, when hundreds or thousands of lives are possibly at risk at the hands of a known terrorist? Is there anything about it that should disturb us? Ethically-sound and practical answers to these questions are more difficult to come by than it might seem. Renowned political theorists Jeremy Waldron and Tamar Meisels here defend two competing positions on the legitimacy of targeted killing as used in counterterrorism strategy in this riveting and essential for-and-against book. The volume begins with a joint introduction, briefly setting out the terms of discussion, and presenting a short historical overview of the practice: what targeted killing is, and how it has been used in which conflicts and by whom. It then hones in on killings themselves and the element of targeting. The authors tackle difficult and infinitely complex subjects, for example the similarities and differences between targeted killing of terrorists and ordinary killings in combat, and they ask whether targeted killing can be regarded as a law enforcement strategy, or as a hybrid between combat and law enforcement. They compare the practice of targeted killing with assassination and the use of death squads. And they consider the likelihood that targeted killing has been or will be abused against insurgents, criminals, or political opponents. Meisels analyzes the assassination by Israeli operatives of nuclear scientists working for regimes hostile to Israel. Meisels and Waldron carefully consider whether this sort of killing can ever be justified in terms of the danger it, in theory, averts. The conclusions drawn are at once as surprising as they are insightful, cautioning us against a world in which targeted killing is the norm as it proliferates rapidly. This is essential reading not only for students of political and war theory and military personnel, but for anyone interested in or concerned by the future of targeted killing.
Targeted killing of terrorists has become an established practice in the fight against terrorism. The disturbing consequences of the practice and its increasing political and societal acceptance raise questions as to its justifiability and its place in counter-terrorism. Anna Goppel explores whether targeted killing of terrorists can be justified, both from a moral and an international legal perspective. She discusses moral and international legal limits to state use of lethal force and argues that the moral principles and the international legal regulations allow for the practice only in very specific, very rare, and rather hypothetical cases. The analysis is based on a thorough discussion of the human right to life, the laws and ethics of war, and the relevant moral and legal arguments. This makes it of particular interest to philosophers and legal theorists interested in terrorism, counter-terrorism, human rights, and the legitimacy of defensive state measures.
Killing in a Gray Area between Humanitarian Law and Human Rights by Jan Römer Pdf
Armed forces can be confronted with the problem of correctly classifying a targeted group as one that is or is not party to an armed conflict. In particular, this happens in a context of a high level of violence where a non-international armed conflict is (likely) occurring at the same time, such as in Iraq, Afghanistan, Brazil or Mexico. The difficulty of qualifying the targeted group leads to a legal uncertainty in which it is unclear whether an operation is governed by international humanitarian law or the international law of human rights. The problem is of particular interest when lethal force is resorted to, as killing might be illegal under one of the two branches. The book attempts to provide guidance on how this uncertainty can be overcome. In order to do so, the requirements to kill under IHL and human rights law are analyzed and compared, as well as assessed in concrete operations of the National Police of Colombia who face this problem on a regular basis.
Drones and Targeted Killing by Marjorie (ed.) Cohn Pdf
EXPERT ANALYSIS OF AN ILLEGAL AND IMMORAL PRACTICE The Bush administration detained and tortured suspected terrorists; the Obama administration assassinates them. Assassination, or targeted killing, off the battlefield not only causes more resentment against the United States, it is also illegal. In this interdisciplinary collection, human rights and political activists, policy analysts, lawyers and legal scholars, a philosopher, a journalist and a sociologist examine different aspects of the U.S. policy of targeted killing with drones and other methods. It explores the legality, morality and geopolitical considerations of targeted killing and resulting civilian casualties, and evaluates the impact on relations between the United States and affected countries. The book includes the documentation of civilian casualties by the leading non-governmental organization in this area; stories of civilians victimized by drones; an analysis of the first U.S. targeted killing lawsuit by the lawyer who brought the case; a discussion of the targeted killing cases in Israel by the director of PCATI which filed one of the lawsuits; the domestic use of drones; and the immorality of drones using Just War principles. Contributors include: Archbishop Desmond Tutu, Phyllis Bennis, Medea Benjamin, Marjorie Cohn, Richard Falk, Tom Hayden, Pardiss Kebriaei, Jane Mayer, Ishai Menuchin, Jeanne Mirer, John Quigley, Dr. Tom Reifer, Alice Ross, Jay Stanley, and Harry Van der Linden.
