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 xii
... relevance for the method as such, a comprehensive analysis of State-sponsored targeted killing will also allow us to ... relevant provisions of human rights law and international humanitarian law are derived from all recognized sources ...
... relevance for the method as such, a comprehensive analysis of State-sponsored targeted killing will also allow us to ... relevant provisions of human rights law and international humanitarian law are derived from all recognized sources ...
Pagina xiii
... relevance of each condition or modality is illustrated by reference to concrete examples of State-sponsored targeted ... relevant where States claim to be 'at war' with loosely organized, clandestinely operating and internationally ...
... relevance of each condition or modality is illustrated by reference to concrete examples of State-sponsored targeted ... relevant where States claim to be 'at war' with loosely organized, clandestinely operating and internationally ...
Pagina xx
... Relevant Normative Frameworks 2.1. Legal Premises pertaining to the Law of Interstate Force 74 2.2. Human Rights Law ... Relevance of 'Soft Law' 85 2.1. Conventional Text 102 2.2. Practice of the European Commission xx Contents.
... Relevant Normative Frameworks 2.1. Legal Premises pertaining to the Law of Interstate Force 74 2.2. Human Rights Law ... Relevance of 'Soft Law' 85 2.1. Conventional Text 102 2.2. Practice of the European Commission xx Contents.
Pagina xxi
... 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 'Arbitrary'Deprivation of Life 1.1. Conventional Texts 91 1.2. Interpretive Approach ...
... 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 'Arbitrary'Deprivation of Life 1.1. Conventional Texts 91 1.2. Interpretive Approach ...
Pagina xxv
... Relevance of General Exculpatory Circumstances 212 6.2. Jus Cogens: The Nature of Peremptory Law Recalled 214 6.3 ... Relevance 224 2. Requirement of Sufficient Legal Basis 2.1. Abstract Requirement 225 2.2. Practical Relevance 226 3 ...
... Relevance of General Exculpatory Circumstances 212 6.2. Jus Cogens: The Nature of Peremptory Law Recalled 214 6.3 ... Relevance 224 2. Requirement of Sufficient Legal Basis 2.1. Abstract Requirement 225 2.2. Practical Relevance 226 3 ...
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