Targeted Killing In International Law
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Targeted Killing In International Law
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Author : Nils Melzer
language : en
Publisher: Oxford University Press on Demand
Release Date : 2008-05-29
Targeted Killing In International Law written by Nils Melzer and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-29 with Law categories.
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
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Author : Claire Finkelstein
language : en
Publisher: OUP Oxford
Release Date : 2012-03-01
Targeted Killings written by Claire Finkelstein and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-01 with Law categories.
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
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Author : Nils Melzer
language : en
Publisher: OUP Oxford
Release Date : 2008-05-29
Targeted Killing In International Law written by Nils Melzer and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-29 with Law categories.
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.
Targeted Killings And International Law
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Author : Roland Otto
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-12-01
Targeted Killings And International Law written by Roland Otto and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-01 with Law categories.
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
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Author : Martin Senn
language : en
Publisher: Routledge
Release Date : 2020-05-21
The Transformation Of Targeted Killing And International Order written by Martin Senn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-21 with Education categories.
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
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Author : Ophir Falk
language : en
Publisher: Routledge
Release Date : 2020-06-01
Targeted Killings Law And Counter Terrorism Effectiveness written by Ophir Falk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-01 with Political Science categories.
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.
Targeted Killing
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Author : Markus Gunneflo
language : en
Publisher: Cambridge University Press
Release Date : 2016-05-12
Targeted Killing written by Markus Gunneflo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-12 with History categories.
Explores the emergence of targeted killing in Israeli and US statecraft, and in the international law of force.
Legitimate Target
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Author : Amos Guiora
language : en
Publisher: Oxford University Press
Release Date : 2013-03-06
Legitimate Target written by Amos Guiora and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-06 with Law categories.
Targeted killings represent both the contemporary weapon of choice and, clearly, the weapon of the future. From the perspective of the nation-state, the benefits of targeted killing are clear: aggressive measures against identified targets can be carried out with minimal, if any, risk to soldiers. But while the threat to soldiers is minimal, there are other risks that must be considered. Particularly, there is a high possibility of collateral damage as well as legitimate concerns regarding how a target is defined. Clearly broad legal, moral, and operational issues are at stake when considering targeted killing. 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. The author, writing from both personal experience and an academic perspective, offers important criticism and insight into the policy as presently implemented, highlighting the need for a criteria based decision making process in defining and identifying a legitimate target. Legitimate Target, A Criteria-Based Approach to Targeted Killing blends concrete examples with a nuanced study of the current targeted killing paradigm with an emphasis on the dilemmas of morality and the law.
Laws Outlaws And Terrorists
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Author : Gabriella Blum
language : en
Publisher: MIT Press
Release Date : 2010-09-24
Laws Outlaws And Terrorists written by Gabriella Blum and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-24 with Political Science categories.
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
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Author : Kyle Grayson
language : en
Publisher: Routledge
Release Date : 2016-07-15
Cultural Politics Of Targeted Killing written by Kyle Grayson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-15 with Political Science categories.
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.