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. |
Vanuit het boek
Pagina xi
... courts for adjudication. Most cases, however, as well as the underlying policies as a whole, remain extremely controversial and illustrate that the method of targeted killing is located at the very point of tension ... Court Introduction.
... courts for adjudication. Most cases, however, as well as the underlying policies as a whole, remain extremely controversial and illustrate that the method of targeted killing is located at the very point of tension ... Court Introduction.
Pagina xix
... Court Judgment of 15 February 2006 17 2. Switzerland: Exculpation instead of Legislation 2.1. The 'Final Rescue Shot ... Court of Israel 32 a) The Supreme Court Judgment of 14 December 2006 32 1. The Basic Concept of Law Enforcement 1.1 ...
... Court Judgment of 15 February 2006 17 2. Switzerland: Exculpation instead of Legislation 2.1. The 'Final Rescue Shot ... Court of Israel 32 a) The Supreme Court Judgment of 14 December 2006 32 1. The Basic Concept of Law Enforcement 1.1 ...
Pagina xxii
... Court of Human Rights 129 e) International Court of Justice 134 f) Discussion 135 g) Conclusion 138 122 140 140 141 VII. Law Enforcement and the Protection of Life under International Humanitarian Law 1. Potential Relevance of IHL for ...
... Court of Human Rights 129 e) International Court of Justice 134 f) Discussion 135 g) Conclusion 138 122 140 140 141 VII. Law Enforcement and the Protection of Life under International Humanitarian Law 1. Potential Relevance of IHL for ...
Pagina xxiv
... Court of Justice 186 c) Other State Practice 187 3.3. Conclusion 189 4. Substantive Scope of the Non-Conventional Right to Life 189 4.1. Methodological Remarks 189 4.2. Universal Declaration on Human Rights (UDHR) 190 a) The UDHR as ...
... Court of Justice 186 c) Other State Practice 187 3.3. Conclusion 189 4. Substantive Scope of the Non-Conventional Right to Life 189 4.1. Methodological Remarks 189 4.2. Universal Declaration on Human Rights (UDHR) 190 a) The UDHR as ...
Pagina xxxi
... Court) Bundesverfassungsgericht (German Federal Constitutional Court) British Yearbook of International Law Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980) Amended Protocol on Prohibitions or ...
... Court) Bundesverfassungsgericht (German Federal Constitutional Court) British Yearbook of International Law Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980) Amended Protocol on Prohibitions or ...
Inhoudsopgave
xxxi | |
xxxv | |
xli | |
xlv | |
1 | |
B Law Enforcement | 83 |
C Hostilities | 241 |
D Conclusions | 421 |
Selected Case Descriptions | 436 |
Bibliography | 445 |
Index | 459 |
Overige edities - Alles bekijken
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