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Targeted Killing as Active Self-Defense

Amos N. Guiora
University of Utah - S.J. Quinney College of Law



Case Western Reserve Journal of International Law, Vol. 36, p. 319, 2004

Abstract:     
The paper argues that targeted killing is a legitimate form of active self-defense in the context of anticipatory self-defense. If the decision to target a particular individual is based on reliable and corroborated intelligence information and on the premise that no alternatives exist (the individual for operational reasons may not be arrested) and the individual to be targeted is a significant terrorist whose death will impact upon the terrorist organization then the decision is legal. In addition, the article calls for a revamping of international law reflecting the reality that traditional warfare between states has been replaced by armed conflict between states and non-state actors, some state supported, others not.

Keywords: Terrorism, Targeted Killing, Right to Active Self-Defense, Palestinian, Israel

JEL Classifications: K19, K33, K49

Accepted Paper Series

Date posted: July 12, 2005 ; Last revised: October 08, 2005

Suggested Citation

Guiora, Amos N., Targeted Killing as Active Self-Defense. Case Western Reserve Journal of International Law, Vol. 36, p. 319, 2004 . Available at SSRN: http://ssrn.com/abstract=759584


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Contact Information

Amos N. Guiora (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States
801-581-4295 (Phone)
801-581-6897 (Fax)
HOME PAGE: http://www.law.utah.edu/profiles/default.asp?PersonID=6581&name=Guiora,Amos..
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