Law and Policy of Targeted Killing

Harvard National Security Journal, Vol. 1, No. 145, 2010

26 Pages Posted: 28 Jun 2010  

Gabriella Blum

Harvard Law School

Phillip B. Heymann

Harvard University - Harvard Kennedy School (HKS)

Date Written: June 27, 2010

Abstract

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

Suggested Citation

Blum, Gabriella and Heymann, Phillip B., Law and Policy of Targeted Killing (June 27, 2010). Harvard National Security Journal, Vol. 1, No. 145, 2010 . Available at SSRN: https://ssrn.com/abstract=1631342

Gabriella Blum (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

Phillip B. Heymann

Harvard University - Harvard Kennedy School (HKS) ( email )

79 John F. Kennedy Street
Cambridge, MA 02138
United States

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