Targeted Killing In International Law

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.

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.

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.

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.

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.

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.

Explores the emergence of targeted killing in Israeli and US statecraft, and in the international law of force.

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.