Targeted Killing in International LawOUP Oxford, 29 mei 2008 - 468 pagina's A comprehensive analysis into the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law, this book examines treaties, custom and general principles of law to determine the normative paradigms which govern the intentional use of lethal force against selected individuals in law enforcement and the conduct of hostilities. It alse addresses the relevance of the law of interstate force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the 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 targeted killings in situations of law enforcement and 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 are illustrated by reference to concrete examples of targeted killing from recent state practice. 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 reflecting the fundamental principles underlying international humanitarian law. 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 greater context of the rule of law. *The author has conceived and written this book in an entirely personal capacity and independently from his function as a Legal Adviser in the Legal Division of the ICRC. The opinions expressed therein are his own and do not necessarily correspond to those held by the ICRC or its Legal Division. |
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Pagina xxii
... 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-International Armed Conflict 144 2.3. Convergence ...
... 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-International Armed Conflict 144 2.3. Convergence ...
Pagina xxv
... International Armed Conflict. 243 244 X. The Paradigm of Hostilities 1. The Prerequisite of an Armed Conflict 1.1. International Armed Conflict 246 a) From War to Armed Conflict 246 b) The Quality of 'Party' to an International Armed ...
... International Armed Conflict. 243 244 X. The Paradigm of Hostilities 1. The Prerequisite of an Armed Conflict 1.1. International Armed Conflict 246 a) From War to Armed Conflict 246 b) The Quality of 'Party' to an International Armed ...
Pagina xxvi
Nils Melzer. on 269 d) The Resulting Concept of International Armed Conflict 251 1.2. Non-International Armed Conflict 252 a) Article 3 common to the Geneva Conventions of 1949 252 b) Article 1 Additional Protocol II of 1977 255 c ...
Nils Melzer. on 269 d) The Resulting Concept of International Armed Conflict 251 1.2. Non-International Armed Conflict 252 a) Article 3 common to the Geneva Conventions of 1949 252 b) Article 1 Additional Protocol II of 1977 255 c ...
Pagina xxvii
... International. Humanitarian. Law. 1. Basic Outline of the Principle 2. International Armed Conflict 2.1. The Rule of Distinction in International Armed Conflict 301 a) Basic Rule 301 b) Persons Protected against Direct Attack 301 c ...
... International. Humanitarian. Law. 1. Basic Outline of the Principle 2. International Armed Conflict 2.1. The Rule of Distinction in International Armed Conflict 301 a) Basic Rule 301 b) Persons Protected against Direct Attack 301 c ...
Pagina 55
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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