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This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.
Explores the emergence of targeted killing in Israeli and US statecraft, and in the international law of force.
The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers and philosophers grappling with the moral and legal limits of the war on terror. This text examines the legal and philosophical issues raised by government efforts to target suspected terrorists.
This book examines the permissibility and effectiveness of targeted killing in campaigns against terror. Targeted killing has become a primary counterterrorism measure used by several countries in their confrontation with lethal threats. The practice has been extensively used by the US in Afghanistan, Iraq, Pakistan, Yemen and Somalia, and by Israel in the West Bank and Gaza. Several studies have already explored the difficult balance between achieving security while maintaining the liberties and rights of a country’s civilians. This book goes a step further by seeking to examine whether maintaining those liberties by complying with legal standards and minimizing unintended deaths can be more effective for national security. Using targeted killing applied by Israel, in particular, as well as the United States during the first decade of the twenty-first century as case studies, this book explores that question and ultimately assesses whether compliance with legal standards can strengthen a state in its campaign against terrorism and thus provide stronger security. The book focuses on civilian-related criteria, hypothesizing that minimizing civilian casualties will maximize effectiveness in an asymmetric war setting. The conclusions are not limited to a specific tactic or theater, and if adopted might have far-reaching implications for how asymmetric warfare is strategized. This book will be of much interest to students of counter-terrorism, law, Middle Eastern studies, and security studies.
EXPERT ANALYSIS OF AN ILLEGAL AND IMMORAL PRACTICE The Bush administration detained and tortured suspected terrorists; the Obama administration assassinates them. Assassination, or targeted killing, off the battlefield not only causes more resentment against the United States, it is also illegal. In this interdisciplinary collection, human rights and political activists, policy analysts, lawyers and legal scholars, a philosopher, a journalist and a sociologist examine different aspects of the U.S. policy of targeted killing with drones and other methods. It explores the legality, morality and geopolitical considerations of targeted killing and resulting civilian casualties, and evaluates the impact on relations between the United States and affected countries. The book includes the documentation of civilian casualties by the leading non-governmental organization in this area; stories of civilians victimized by drones; an analysis of the first U.S. targeted killing lawsuit by the lawyer who brought the case; a discussion of the targeted killing cases in Israel by the director of PCATI which filed one of the lawsuits; the domestic use of drones; and the immorality of drones using Just War principles. Contributors include: Archbishop Desmond Tutu, Phyllis Bennis, Medea Benjamin, Marjorie Cohn, Richard Falk, Tom Hayden, Pardiss Kebriaei, Jane Mayer, Ishai Menuchin, Jeanne Mirer, John Quigley, Dr. Tom Reifer, Alice Ross, Jay Stanley, and Harry Van der Linden.
A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
This is an objective, strategic assessment of the role, usefulness, and logistical concerns posed by state-sponsored targeted killing and its overall efficiency in the current war on global terrorism.
In 'Legitimate Target: a Criteria-Based Approach to Targeted Killing', Amos Guiora proposes that targeted killing decisions must reflect consideration of four distinct elements: law policy, morality, and operational details, thus ensuring that it complies with principles of domestic and international laws.
Military Strategy: A Very Short Introduction adapts Clausewitz's framework to highlight the dynamic relationship between the main elements of strategy: purpose, method, and means. Drawing on historical examples, Antulio J. Echevarria discusses the major types of military strategy and how emerging technologies are affecting them. This second edition has been updated to include an expanded chapter on manipulation through cyberwarfare and new further reading.
Targeting Terrorists: A License to Kill? examines the political history and ethics of targeted killing. Avery Plaw's analysis addresses the questions of moral, political and legal justification in the context of the current 'war on terror' and of legitimate/illegitimate forms of counter-terrorism more generally. Given the increasing number of terrorist targetings conducted around the world today and the virtual absence of a sustained public and scholarly debate over the practice, this study makes a crucial contribution to the examination of an increasingly important and troubling subject. Incorporating insights and arguments from a range of disciplines and approaches, and offering an excellent balance between theory and case studies, this book is highly relevant for courses on ethics, politics, international relations and international law.