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 55
Pagina ix
... State borders. The end of the Cold War has led to a transformation of the ... sponsored 'targeted killings' in law enforcement, counter-terrorist and ... targeted killing both in law enforcement and during the conduct of hostilities. His ...
... State borders. The end of the Cold War has led to a transformation of the ... sponsored 'targeted killings' in law enforcement, counter-terrorist and ... targeted killing both in law enforcement and during the conduct of hostilities. His ...
Pagina xi
... State-sponsored targeted killings involving representatives from Governments, academic circles, military and police forces, intelligence services, human rights groups, humanitarian institutions, intergovernmental organizations, and the ...
... State-sponsored targeted killings involving representatives from Governments, academic circles, military and police forces, intelligence services, human rights groups, humanitarian institutions, intergovernmental organizations, and the ...
Pagina xii
... State-sponsored targeted killing in both law enforcement and the conduct of hostilities. The purpose of such an undertaking should be to disentangle the lawful, reasonable and legitimate from the unlawful, irrational and unnecessary in ...
... State-sponsored targeted killing in both law enforcement and the conduct of hostilities. The purpose of such an undertaking should be to disentangle the lawful, reasonable and legitimate from the unlawful, irrational and unnecessary in ...
Pagina xiii
... State-sponsored targeted killing. In sum, the substantive analysis leads to the following conclusions: Any State-sponsored targeted killing other than those directed against legitimate military targets during the conduct of hostilities ...
... State-sponsored targeted killing. In sum, the substantive analysis leads to the following conclusions: Any State-sponsored targeted killing other than those directed against legitimate military targets during the conduct of hostilities ...
Pagina xx
... State-Sponsored Targeted Killing 1.1. State Agents and Non-State Actors 71 1.2. De Jure and De Facto State Agency 72 2. Relevant Normative Frameworks 2.1. Legal Premises pertaining to the Law of Interstate Force 74 2.2. Human Rights Law ...
... State-Sponsored Targeted Killing 1.1. State Agents and Non-State Actors 71 1.2. De Jure and De Facto State Agency 72 2. Relevant Normative Frameworks 2.1. Legal Premises pertaining to the Law of Interstate Force 74 2.2. Human Rights Law ...
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