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Targeted Killing in International Law (Hardcover)
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Targeted Killing in International Law (Hardcover)
Series: Oxford Monographs in International Law
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A comprehensive analysis into the lawfulness of state-sponsored
targeted killings under international human rights and humanitarian
law, this book examines treaties, custom and general principles of
law to determine the normative paradigms which govern the
intentional use of lethal force against selected individuals in law
enforcement and the conduct of hostilities. It addresses the
relevance of the law of interstate force to targeted killings, and
the interrelation of the various normative frameworks which may
simultaneously apply to operations involving the 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 targeted killings in situations of law enforcement and 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 are illustrated by reference
to concrete examples of targeted killing from recent state
practice.
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 ofhostilities which leads nuanced results reflecting the
fundamental principles underlying international humanitarian law.
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 greater context of the rule of law.
*The author has conceived and written this book in an entirely
personal capacity and independently from his function as a Legal
Adviser in the Legal Division of the ICRC. The opinions expressed
therein are his own and do not necessarily correspond to those held
by the ICRC or its Legal Division.
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