Details
- Provides an exhaustive overview and analysis of the legal framework and judicial practice relating to the use of lethal force by states against individuals
- Provides students with a single reference offering a clear, consistent and complete interpretation of the normative frameworks governing targeted killings, resolving a multitude of complex, interrelated legal issues
- Includes comprehensive analysis of current developments in state practice
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.
Readership: Academics and students of international humanitarian law, international criminal law, and international human rights law; legal advisers to governments; military, police and other security forces; legal officers of human rights and humanitarian organizations.
A. State Practice and Legal Doctrine
1: The Notion of 'Targeted Killing'
2: Current Trend towards Legitimization
3: Targeted Killing in Contemporary Legal Doctrine
4: The Analysis
B. Law Enforcement
5: The Paradigm of Law Enforcement
6: Law Enforcement and the Conventional Human Right to Life
7: Law Enforcement and the Protection of Life under International Humanitarian Law
8: Law Enforcement and the Non-Conventional Human Right to Life
9: Permissibility of Targeted Killing as a Method of Law Enforcement
C. Hostilities
10: The Paradigm of Hostilities
11: The Principle of Distinction under International Humanitarian Law
12: Means and Methods in the Conduct of Hostilities
13: Human Rights Law and the Paradigm of Hostilities
14: Permissibility of Targeted Killing as a Method of Conducting Hostilities
D. Conclusions
15: Comparative Conclusions
16: Epilogue: Targeted Killing and the Rule of Law
Appendix: Selected Case Descriptions
Nils Melzer, Legal Adviser to the International Committee of the Red Cross (ICRC)
"This book is a well written, clearly structured, thoughtful and measured account of issues such as the current state of practice, judicial consideration and relevant international law. [...] Melzer's detailed examination is a large step forward in the development of a better understanding of the issues and particular pressure points that daily engage advisors, courts, international lawyers and politicians when trying to determine when the state is in the position to take lives. " - Helen Durham, Australian Year Book of International Law, volume 27
