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 xiii
... paradigm of law enforcement. That paradigm does not categorically prohibit, but imposes extensive restraints on, the method of targeted killing. As a result, outside the conduct of hostilities in armed conflict, the circumstances in ...
... paradigm of law enforcement. That paradigm does not categorically prohibit, but imposes extensive restraints on, the method of targeted killing. As a result, outside the conduct of hostilities in armed conflict, the circumstances in ...
Pagina xvii
... Law Enforcement V. The Paradigm of Law Enforcement VI. Law Enforcement and the Conventional Human Right to Life VII. Law Enforcement and the Protection of Life under International Humanitarian Law VIII. Law Enforcement and the Non ...
... Law Enforcement V. The Paradigm of Law Enforcement VI. Law Enforcement and the Conventional Human Right to Life VII. Law Enforcement and the Protection of Life under International Humanitarian Law VIII. Law Enforcement and the Non ...
Pagina xx
... Law Enforcement 38 5.3. Extraterritorial Counter-Terrorism through 'Lethal ... Law of Interstate Force 3. Discussion of Targeted Killing under International ... Paradigm of Law Enforcement 85 85 1.2. Concept of Law Enforcement in Non ...
... Law Enforcement 38 5.3. Extraterritorial Counter-Terrorism through 'Lethal ... Law of Interstate Force 3. Discussion of Targeted Killing under International ... Paradigm of Law Enforcement 85 85 1.2. Concept of Law Enforcement in Non ...
Pagina xxi
... Paradigm of Law Enforcement 2.1. Factual Concept and Normative Paradigm 89 2.2. Relevant Legal Frameworks and Provisions 89 3. Conclusion 89 90 91 91 VI. Law Enforcement and the Conventional Human Right to Life 1. Protection from ...
... Paradigm of Law Enforcement 2.1. Factual Concept and Normative Paradigm 89 2.2. Relevant Legal Frameworks and Provisions 89 3. Conclusion 89 90 91 91 VI. Law Enforcement and the Conventional Human Right to Life 1. Protection from ...
Pagina xxii
... Law Enforcement and the Protection of Life under International Humanitarian Law 1. Potential Relevance of IHL for the Law Enforcement Paradigm 2. Basic Prohibition on Deprivations of Life 2.1. International Armed Conflict 141 2.2. Non ...
... Law Enforcement and the Protection of Life under International Humanitarian Law 1. Potential Relevance of IHL for the Law Enforcement Paradigm 2. Basic Prohibition on Deprivations of Life 2.1. International Armed Conflict 141 2.2. Non ...
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