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.
General
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