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
... military necessity, distinction, proportionality, and caution in 'individualized' or 'surgical' warfare. Overall, therefore, the thematic scope of the present analysis and of the contribution it is designed to make is considerably wider ...
... military necessity, distinction, proportionality, and caution in 'individualized' or 'surgical' warfare. Overall, therefore, the thematic scope of the present analysis and of the contribution it is designed to make is considerably wider ...
Pagina xiii
... military necessity, precaution and proportionality, but also of long-standing rules such as the prohibition of denial of quarter. This observation is especially relevant where States claim to be 'at war' with loosely organized ...
... military necessity, precaution and proportionality, but also of long-standing rules such as the prohibition of denial of quarter. This observation is especially relevant where States claim to be 'at war' with loosely organized ...
Pagina xxiii
Nils Melzer. 155 3.7. Conclusion with Regard to Prisoners of War (Personal Jurisdiction) 155 4. Example of ... Military' Necessity 165 b) Requirement of Proportionality 166 c) Requirement of Precaution 167 4.7. Conclusion for ...
Nils Melzer. 155 3.7. Conclusion with Regard to Prisoners of War (Personal Jurisdiction) 155 4. Example of ... Military' Necessity 165 b) Requirement of Proportionality 166 c) Requirement of Precaution 167 4.7. Conclusion for ...
Pagina xxvi
... Military Necessity in Concrete Operations 291 a) Distinction of Military Necessity from Military Convenience 291 b) Definite Military Advantage 292 c) Concrete and Direct Military Advantage 293 d) Proportionality (lato sensu) as a ...
... Military Necessity in Concrete Operations 291 a) Distinction of Military Necessity from Military Convenience 291 b) Definite Military Advantage 292 c) Concrete and Direct Military Advantage 293 d) Proportionality (lato sensu) as a ...
Pagina xxix
... Military Necessity 2.1. Abstract Requirement 397 2.2. Practical Relevance 398 3. Requirement of Distinction 3.1. Abstract Requirement 399 3.2. Practical Relevance 401 4. Requirement of Proportionality 4.1. Abstract Requirement 403 4.2 ...
... Military Necessity 2.1. Abstract Requirement 397 2.2. Practical Relevance 398 3. Requirement of Distinction 3.1. Abstract Requirement 399 3.2. Practical Relevance 401 4. Requirement of Proportionality 4.1. Abstract Requirement 403 4.2 ...
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