Targeted Killing in International LawOUP Oxford, 29 mei 2008 - 528 pagina's 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. |
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Resultaten 1-5 van 48
Pagina xxii
... ICCPR, ACHR and ACHPR 120 4.2. Derogation from the Right to Life under the ECHR 121 4.3. Conclusion 122 5. Scope of Applicability of the Conventional Right to Life 5.1. Conventional Texts 123 5.2. Meaning of 'Jurisdiction' 124 a) UN ...
... ICCPR, ACHR and ACHPR 120 4.2. Derogation from the Right to Life under the ECHR 121 4.3. Conclusion 122 5. Scope of Applicability of the Conventional Right to Life 5.1. Conventional Texts 123 5.2. Meaning of 'Jurisdiction' 124 a) UN ...
Pagina xxxii
... Law International Law Commission of the United Nations HIV HIVR IACiHR IACtHR ICC ICC Statute ICCPR ICECSR ICJ ICJ Reports ICRC ICTR ICTY IDF IFHV IFRC IHL ILC IMT IMTFE INLA IPCC IRA IRRC LAW Lieber Code LOAC. xxxii. List. of.
... Law International Law Commission of the United Nations HIV HIVR IACiHR IACtHR ICC ICC Statute ICCPR ICECSR ICJ ICJ Reports ICRC ICTR ICTY IDF IFHV IFRC IHL ILC IMT IMTFE INLA IPCC IRA IRRC LAW Lieber Code LOAC. xxxii. List. of.
Pagina xlii
... [ICCPR] ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181, 184, 185, 195 1966 International Covenant on Economic, Social and Cultural Rights, UNGA Resolution 2200A of 16 December 1966, entry into force: 3 January ...
... [ICCPR] ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181, 184, 185, 195 1966 International Covenant on Economic, Social and Cultural Rights, UNGA Resolution 2200A of 16 December 1966, entry into force: 3 January ...
Pagina liii
... ICCPR, adopted by an expert meeting convened by the International Commission of Jurists in Siracusa, Italy from 30 April to 4 May 1984, submitted for circulation to the UN Commission on Human Rights by the Government of the Netherlands ...
... ICCPR, adopted by an expert meeting convened by the International Commission of Jurists in Siracusa, Italy from 30 April to 4 May 1984, submitted for circulation to the UN Commission on Human Rights by the Government of the Netherlands ...
Pagina 14
... (ICCPR) and Article 3 Universal Declaration of Human Rights (UDHR), however, § 27(2) of the GDR Border Statute could no longer justify arbitrary deprivations of life, such as the intentional killing of a fugitive who was neither armed ...
... (ICCPR) and Article 3 Universal Declaration of Human Rights (UDHR), however, § 27(2) of the GDR Border Statute could no longer justify arbitrary deprivations of life, such as the intentional killing of a fugitive who was neither armed ...
Inhoudsopgave
xxxi | |
xxxv | |
xli | |
xlv | |
1 | |
B Law Enforcement | 83 |
C Hostilities | 241 |
D Conclusions | 421 |
Selected Case Descriptions | 436 |
Bibliography | 445 |
Index | 459 |
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According activities acts actual analysis applicable arbitrary armed forces Assassination attack authority carried cause circumstances civilians combat Commentary Commission concept concerned conclusion concrete conduct of hostilities constitute Convention Court customary death December definition deprivation direct attack direct participation directly discussion distinction ECtHR effective example Executions fact Government groups human rights law humanitarian Ibid individual international armed conflict international law interpretation involved Israel Israeli Judgment jurisdiction law enforcement legitimate lethal force March means measures method military necessity necessary non-international armed conflict normative objective obligation officials operations organized paradigm participation in hostilities particular party persons police practice prevent principle prohibition proportionality protection question reasonable reference regard relevant remain Report requirement Resolution respect responsibility restrictive result rule situations Special Rapporteur specific standards suspected targeted killing territory terrorist United violation weapons