Targeting the Twenty-First-Century Outlaw

Posted: 12 Jun 2012 Last revised: 17 Feb 2013

See all articles by Jane Chong

Jane Chong

Yale University - Law School

Date Written: December 21, 2012

Abstract

This Note proposes using outlawry proceedings to bring legitimacy to the government’s targeted killing regime. Far from clearly contrary to the letter and spirit of American due process, outlawry endured for centuries at English common law and was used to sanction lethal force against fugitive felons in the United States until as recently as 1975. Because it was the outlaw’s refusal to submit to the legal process that warranted the use of lethal force against him, the choice of process was necessarily preserved through basic protections such as charges and notice. This Note argues that these principles can be updated for the twenty-first century and used to subject the government’s targeted killing of U.S. citizens to limited judicial review.

Keywords: targeted killing, outlawry, terrorism, national security, due process

Suggested Citation

Chong, Jane, Targeting the Twenty-First-Century Outlaw (December 21, 2012). 122 YALE L.J. 724 (2012), Available at SSRN: https://ssrn.com/abstract=2082556

Jane Chong (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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