Law and Policy of Targeted Killing
Harvard National Security Journal, Vol. 1, No. 145, 2010
26 Pages Posted: 28 Jun 2010
Date Written: June 27, 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.
Keywords: targeted killing, terrorism, national security, unlawful combatants, drones
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