16 Pages Posted: 23 Oct 2012
Date Written: October 22, 2012
This short article provides detailed disclosure why the United States cannot be at war with al Qaeda under international law. It also recognizes that, nonetheless, targetings of members of al Qaeda in the theatre of a real war with the Taliban is lawful and that such targetings are also lawful under the law of self-defense if members of al Qaeda are directly participating in ongoing attacks on the United States, its military, and/or other U.S. nationals.
In particular, permissibility of the targeting of Anwar al-Awlaki in Yemen as a direct participant in armed attacks (DPAA) is addressed.
Keywords: Afghanistan, al-Awlaki, al-Qaeda, armed conflict, customary international law, direct participant in armed attacks, DPAA, drones, Geneva Protocol, insurgency, law of war, Libya, necessity, proportionality, self-defense, theatre of war, war, Yemen
Suggested Citation: Suggested Citation
Paust, Jordan J., Propriety of Self-Defense Targetings of Members of al Qaeda and Applicable Principles of Distinction and Proportionality (October 22, 2012). ILSA Journal of International & Comparative Law, Vol. 18, No. 2, 2012; U of Houston Law Center No. 2012-A-16. Available at SSRN: https://ssrn.com/abstract=2165278