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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Pagina vii
Nils Melzer. The present book constitutes an updated and revised version of the author's doctoral thesis entitled 'Targeted Killing under the International Normative Paradigms of Law Enforcement and Hostilities', which was accepted by ...
Nils Melzer. The present book constitutes an updated and revised version of the author's doctoral thesis entitled 'Targeted Killing under the International Normative Paradigms of Law Enforcement and Hostilities', which was accepted by ...
Pagina xiii
... constitute a guarantee of their moral legitimacy. This leads to the concluding observation that, in order for the rule of law to be respected both in form and in substance, the international regulation of State-sponsored targeted ...
... constitute a guarantee of their moral legitimacy. This leads to the concluding observation that, in order for the rule of law to be respected both in form and in substance, the international regulation of State-sponsored targeted ...
Pagina 4
... constitute an offence under international criminal law (ie a war crime, the crime of genocide or a crime against humanity). While it is generally recognized that the conduct of non-State actors involved in armed conflicts must be in ...
... constitute an offence under international criminal law (ie a war crime, the crime of genocide or a crime against humanity). While it is generally recognized that the conduct of non-State actors involved in armed conflicts must be in ...
Pagina 5
... constitute targeted killings relevant under international law, but exclusively crimes under domestic law. Likewise, assassinations abroad of political figures, such as those protected by the New York Convention on the Prevention and ...
... constitute targeted killings relevant under international law, but exclusively crimes under domestic law. Likewise, assassinations abroad of political figures, such as those protected by the New York Convention on the Prevention and ...
Pagina 11
... constitutes the only means to repel a present danger to life or a present danger of a grave violation of physical integrity.11 This wording appears problematic in three respects: first, the reference to 'a present danger of a grave ...
... constitutes the only means to repel a present danger to life or a present danger of a grave violation of physical integrity.11 This wording appears problematic in three respects: first, the reference to 'a present danger of a grave ...
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