Law and Policy of Targeted Killing
Harvard Law School
Phillip B. Heymann
affiliation not provided to SSRN
June 27, 2010
Harvard National Security Journal, Vol. 1, No. 145, 2010
This is a chapter from our forthcoming book, 'Laws, Outlaws, and Terrorists: Lessons from the War on Terrorism', (MIT Press, September 2010). This chapter addresses the legal, ethical, and strategic aspects of targeted killings as a counterterrorism measure, drawing on the American and Israeli experience. We argue that since terrorism is neither a traditional war nor a traditional crime, its non-traditional nature must affect how, where, and when we employ targeted killings. Specifically, we argue that whether one begins with a law enforcement model or a war model in mind, the ultimate contours of justifiable targeted killings are very similar under either paradigm.
Number of Pages in PDF File: 26
Keywords: targeted killing, terrorism, national security, unlawful combatants, drones
Date posted: June 28, 2010
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