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 xix
... Rescue Shot' as Individual Self-Defence 18 2.2. Renegade Aircraft: Fragile Basis for the Use of Armed Force 21 3. United Kingdom: 'Shoot-to-Kill' Policing 3.1. Past Allegations, Denials and Investigations 23 3.2. 11 September 2001: The ...
... Rescue Shot' as Individual Self-Defence 18 2.2. Renegade Aircraft: Fragile Basis for the Use of Armed Force 21 3. United Kingdom: 'Shoot-to-Kill' Policing 3.1. Past Allegations, Denials and Investigations 23 3.2. 11 September 2001: The ...
Pagina 7
... rescue shot' (finaler Rettungsschuss),31 'targeted shot of death' (gezielter Todesschuss)32 and 'targeted killing' (gezielte Tötung).33 The terms 'final rescue shot' and 'targeted shot of death'. 24 For example, the terms extra-judicial ...
... rescue shot' (finaler Rettungsschuss),31 'targeted shot of death' (gezielter Todesschuss)32 and 'targeted killing' (gezielte Tötung).33 The terms 'final rescue shot' and 'targeted shot of death'. 24 For example, the terms extra-judicial ...
Pagina 8
Nils Melzer. The terms 'final rescue shot' and 'targeted shot of death' are too narrow for the intended scope of this analysis, because both presuppose the use of firearms, and the former additionally implies the use of lethal force in ...
Nils Melzer. The terms 'final rescue shot' and 'targeted shot of death' are too narrow for the intended scope of this analysis, because both presuppose the use of firearms, and the former additionally implies the use of lethal force in ...
Pagina 10
... Rescue Shot' a) Incorporation in Domestic Police Legislations During the 1972 Olympics in Munich, 11 kidnapped Israeli athletes were massacred by their Palestinian hostagetakers during a rescue attempt by the German police, during which ...
... Rescue Shot' a) Incorporation in Domestic Police Legislations During the 1972 Olympics in Munich, 11 kidnapped Israeli athletes were massacred by their Palestinian hostagetakers during a rescue attempt by the German police, during which ...
Pagina 11
Nils Melzer. the German concept of 'final rescue shot' (finaler Rettungsschuss) was first proposed, essentially denoting the resort by law enforcement officials to targeted killing as an ultima ratio to protect individuals from serious ...
Nils Melzer. the German concept of 'final rescue shot' (finaler Rettungsschuss) was first proposed, essentially denoting the resort by law enforcement officials to targeted killing as an ultima ratio to protect individuals from serious ...
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