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 83
Pagina xxvii
... Armed Forces 306 c) Combatants 308 d) Civilians 310 3. Non-International Armed Conflict 3.1. The Rule of Distinction in Non-International Armed Conflict 311 a) Basic Rule 311 b) Persons Protected against Direct Attack 311 c) Persons ...
... Armed Forces 306 c) Combatants 308 d) Civilians 310 3. Non-International Armed Conflict 3.1. The Rule of Distinction in Non-International Armed Conflict 311 a) Basic Rule 311 b) Persons Protected against Direct Attack 311 c) Persons ...
Pagina xxxii
... Armed Forces in the Field (1949) Second Geneva Convention, for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949) Third Geneva Convention, relative to the Treatment of Prisoners of ...
... Armed Forces in the Field (1949) Second Geneva Convention, for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949) Third Geneva Convention, relative to the Treatment of Prisoners of ...
Pagina xli
... Armed Forces at Sea. Adopted: Geneva, 12 August 1949; entry into force: 21 October 1950 [GC II] . . . . . . . . . . . . . . . . . . . . . 80, 142, 144, 146, 147, 150, 160, 171, 172, 173, 179, 246, 247, 248, 252, 253, 259, 263, 264, 265 ...
... Armed Forces at Sea. Adopted: Geneva, 12 August 1949; entry into force: 21 October 1950 [GC II] . . . . . . . . . . . . . . . . . . . . . 80, 142, 144, 146, 147, 150, 160, 171, 172, 173, 179, 246, 247, 248, 252, 253, 259, 263, 264, 265 ...
Pagina 16
... force in January 2005. One of the pivotal provisions of this law, § 14(3) LuftSiG, gave rise to major public controversy because it expressly authorized the armed forces, as a law enforcement measure of last resort,31 to shoot down ...
... force in January 2005. One of the pivotal provisions of this law, § 14(3) LuftSiG, gave rise to major public controversy because it expressly authorized the armed forces, as a law enforcement measure of last resort,31 to shoot down ...
Pagina 17
... armed force against the aircraft, their inherent human dignity was not violated by that resort to force.38 In ... forces, civilian cockpit personnel and flight attendants either doubted or clearly rejected the constitutionality of that ...
... armed force against the aircraft, their inherent human dignity was not violated by that resort to force.38 In ... forces, civilian cockpit personnel and flight attendants either doubted or clearly rejected the constitutionality of that ...
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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Veelvoorkomende woorden en zinsdelen
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