Targeted Killing in International Lawby Nils Melzer
Pub. Date: 08/10/2008
Publisher: Oxford University Press
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
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 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 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.
Table of Contents
A. General Considerations
1. The Notion of Targeted Killing
2. Current Trend towards Legitimization
3. Targeted Killing in Contemporary Legal Doctrine
4. Outline of 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
10. The Paradigm of Hostilities
11. The Threshold of 'Armed Conflict'
12. The Principle of Distinction under International Humanitarian Law
13. Means and Methods in the Conduct of Hostilities
14. Human Rights Law and the Paradigm of Hostilities
15. Permissibility of Targeted Killing as a Method of the Conduct of Hostilities
16. Comparative Conclusions
17. Epilogue: Targeted Killing and the Rule of Law
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