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Book Inside the Scope of the Law

Download or read book Inside the Scope of the Law written by Michelle Lesh and published by . This book was released on 2011 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Targeted Killing in International Law

Download or read book Targeted Killing in International Law written by Nils Melzer and published by OUP Oxford. This book was released on 2008-05-29 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conducts an in-depth analysis into the lawfulness of State-sponsored targeted killings under international human rights and humanitarian law. It also addresses the relevance of the law of inter-state force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the intentional use of lethal force. Through a comprehensive analysis of treaties, custom, and general principles of law in light of jurisprudence, doctrine, and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern the use of lethal force in law enforcement and in the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities is illustrated by reference to concrete examples of targeted killing from recent State practice. In essence the book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a 'microscopic' interpretation of the law regulating the conduct of hostilities which leads to nuanced results. The author concludes by highlighting and comparing the main areas of concern arising with regard to State-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the wider context of the rule of law.

Book Targeted Killings and International Law

Download or read book Targeted Killings and International Law written by Roland Otto and published by Springer Science & Business Media. This book was released on 2011-12-01 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: Existing international law is capable to govern the “war on terror” also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court’s view, international humanitarian law is not complemented by human rights law, but human rights law is – to some degree – complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.

Book Customary International Humanitarian Law

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Book Targeted Killing

    Book Details:
  • Author : Markus Gunneflo
  • Publisher : Cambridge University Press
  • Release : 2016-05-12
  • ISBN : 1316552845
  • Pages : pages

Download or read book Targeted Killing written by Markus Gunneflo and published by Cambridge University Press. This book was released on 2016-05-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking beyond the events of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft, and in the problematic relationship between sovereign authority and lawful violence underpinning the modern state system. It details the legal and political issues raised in targeted killing as it has emerged in practice, including questions of domestic constitutional authority, the use of force in international law, the law of belligerent occupation, the law of targeting and human rights law. The distinctive nature of Israeli and US targeted killing is analysed in terms of the compulsion of legality characteristic of the liberal constitutional state, a compulsion that demands the ability to distinguish between legal 'targeted killing' and extra-legal 'political assassination'. The effect is a highly legalized framework for the extraterritorial killing of designated terrorists that may significantly affect the international law of force.

Book Silencing Human Rights in the Clash of Arms  Israel s Official Policy of  Targeted Killings    A Dark Side in Fighting Terrorism

Download or read book Silencing Human Rights in the Clash of Arms Israel s Official Policy of Targeted Killings A Dark Side in Fighting Terrorism written by Jackson Nyamuya Maogoto and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Israel views the Palestine uprising of September 2000 (al-Aqsa Intifada) as an armed conflict which in turn means that the framework applicable to this is the law of armed conflict. The issues regarding the status of terrorists as well as counter-measures that are raised in the Arab-Israeli conflict are complex. On one hand, the terrorists fall within the ambit of combatants and thus engage the law of armed conflict; on the other hand they are criminals and thus fall within the rubric of domestic legal enforcement. It is the - targeted killings - as one of the means Israel uses to combat what terrorist attacks directed against its citizens, and what the Palestinians refer to as their uprising against the Israeli occupation that is the focus of this Article. Depending on the construction of the realities of the Intifada, the legality or illegality of - targeted state killings - still remains to be determined on a broad spectrum that engages both the laws of armed conflict and human rights. This Article seeks to adopt a limited dimension-reviewing the actions against the background of international human rights. Human rights law although interrelated with the law of war and humanitarian law, is a distinct branch of international law and it is the human rights perspective with which this Article is concerned with.

Book Targeted Killings

    Book Details:
  • Author : Claire Finkelstein
  • Publisher : OUP Oxford
  • Release : 2012-03-01
  • ISBN : 0191625906
  • Pages : 517 pages

Download or read book Targeted Killings written by Claire Finkelstein and published by OUP Oxford. This book was released on 2012-03-01 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The war on terror is remaking conventional warfare. The protracted battle against a non-state organization, the demise of the confinement of hostilities to an identifiable battlefield, the extensive involvement of civilian combatants, and the development of new and more precise military technologies have all conspired to require a rethinking of the law and morality of war. Just war theory, as traditionally articulated, seems ill-suited to justify many of the practices of the war on terror. The raid against Osama Bin Laden's Pakistani compound was the highest profile example of this strategy, but the issues raised by this technique cast a far broader net: every week the U.S. military and CIA launch remotely piloted drones to track suspected terrorists in hopes of launching a missile strike against them. In addition to the public condemnation that these attacks have generated in some countries, the legal and moral basis for the use of this technique is problematic. Is the U.S. government correct that nations attacked by terrorists have the right to respond in self-defense by targeting specific terrorists for summary killing? Is there a limit to who can legitimately be placed on the list? There is also widespread disagreement about whether suspected terrorists should be considered combatants subject to the risk of lawful killing under the laws of war or civilians protected by international humanitarian law. Complicating the moral and legal calculus is the fact that innocent bystanders are often killed or injured in these attacks. This book addresses these issues. Featuring chapters by an unrivalled set of experts, it discusses all aspects of targeted killing, making it unmissable reading for anyone interested in the implications of this practice.

Book Targeted Killings   A Counterterrorism of Israel

Download or read book Targeted Killings A Counterterrorism of Israel written by Sarah Stolle and published by GRIN Verlag. This book was released on 2006-09-06 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2005 in the subject Politics - Topic: Public International Law and Human Rights, grade: 1,0 Germany, 5 Finland, University of Tampere, language: English, abstract: [...] After September 11th targeted killings become a usual method to eleminate terrorists. But targeted killings did not arose in 2001. Also in the Cold War there were many targeted attacks on politicians, agents and other undesirable people. The “Licence to Kill” spanninged the whole continent. The whole continent was spanning by the “Licence to kill”. After the end of the Cold War the situation calmed down for a short time. But at the latest with the arising of the terrorism as the enemy of the civil society the state sanctioned killings became popular. The forerunner of targeted killings was Israel, the USA followed after September 11th. They used for example armed drones for killing suspects over a distance of thousands of kilometres. Also Russia uses this method for the fight against terrorism. For example they accomplished a lethal prevention attack on a former Chechenian leader in Katar. One of the most spectacular Israeli targeted killings was the killing of the religious leader of the Palestine Hamas Sheik Yassin. This targeted killing aggravated the Palestinian-Israeli conflict in a strong way. Yassin and his followers who left the mosque were shot out of an helicopter. Besides the targeted killings of members of political and militant movements there are often attacks on Palestinian people who are in no coherence with demonstrations or rebellions. Here are to mention targeted attacks in Palestinian settlements, killings because of carelessness, planless shootings and inconsiderate eleminating of human life. The following work tasks with the targeted killings which Israel practices. Because on the one hand Israel is the forerunner of this method and on the other hand Israel practices this method very often and with an enormous brutality as well as recklessness against the civil society. At first I give some examples of Israeli targeted killings. These case studies conclude killings of the political elite as well as the Palestinian civil society. Other aspects in this essay are the different positions on the Israeli “Politics of Killing”. In this point the positions of Israel, Palestine, the United Nations and the problem of the American position are important. A further feature aspect is the international law. There is the question if targeted killings of terrorists could be accepted in the view of the international law or not.

Book To what Extent Can the Israeli Policy of  targeted Killing  be Considered a Legitimate Response to Terrorism Or Acts of War Crimes Under International Law

Download or read book To what Extent Can the Israeli Policy of targeted Killing be Considered a Legitimate Response to Terrorism Or Acts of War Crimes Under International Law written by Balal Zafar and published by . This book was released on 2004 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Transformation of Targeted Killing and International Order

Download or read book The Transformation of Targeted Killing and International Order written by Martin Senn and published by Routledge. This book was released on 2020-05-21 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume addresses the important question of whether and how the current transformation of targeted killing is transforming the global international order. The age-old practice of targeted killing has undergone a profound transformation since the turn of the millennium. States resort to it more frequently, especially in the context of counter-terrorism operations. The rapid development of surveillance and drone technologies facilitates targeted-killing missions, and states are starting to slowly abandon their policies of secrecy and denial with regard to this form of violence. To answer this question, the volume introduces a theoretical framework that conceives the maintenance and transformation of international order as a dynamic, triangular process between violence, discourse, and the institutions that make up the international order. It then sheds light on different parts of this triangular process: the reinterpretation of international law to legitimize targeted killing, the contestation between state and non-state actors over the development of a new targeted-killing norm, the emergence of targeted killing in the context of changes in the broader normative context of international order, and the impact of new technologies, in particular autonomous weapons systems, on the future of targeted-killing practices and international order. This book was originally published as a special issue of Contemporary Security Policy.

Book Targeted Killings  Law and Counter Terrorism Effectiveness

Download or read book Targeted Killings Law and Counter Terrorism Effectiveness written by Ophir Falk and published by Routledge. This book was released on 2020-06-01 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the permissibility and effectiveness of targeted killing in campaigns against terror. Targeted killing has become a primary counterterrorism measure used by several countries in their confrontation with lethal threats. The practice has been extensively used by the US in Afghanistan, Iraq, Pakistan, Yemen and Somalia, and by Israel in the West Bank and Gaza. Several studies have already explored the difficult balance between achieving security while maintaining the liberties and rights of a country’s civilians. This book goes a step further by seeking to examine whether maintaining those liberties by complying with legal standards and minimizing unintended deaths can be more effective for national security. Using targeted killing applied by Israel, in particular, as well as the United States during the first decade of the twenty-first century as case studies, this book explores that question and ultimately assesses whether compliance with legal standards can strengthen a state in its campaign against terrorism and thus provide stronger security. The book focuses on civilian-related criteria, hypothesizing that minimizing civilian casualties will maximize effectiveness in an asymmetric war setting. The conclusions are not limited to a specific tactic or theater, and if adopted might have far-reaching implications for how asymmetric warfare is strategized. This book will be of much interest to students of counter-terrorism, law, Middle Eastern studies, and security studies.

Book Targeted Killing

    Book Details:
  • Author : Thomas B. Hunter
  • Publisher : Thomas Hunter
  • Release : 2009
  • ISBN : 143925205X
  • Pages : 55 pages

Download or read book Targeted Killing written by Thomas B. Hunter and published by Thomas Hunter. This book was released on 2009 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an objective, strategic assessment of the role, usefulness, and logistical concerns posed by state-sponsored targeted killing and its overall efficiency in the current war on global terrorism.

Book The Law of Armed Conflict

    Book Details:
  • Author : Gary D. Solis
  • Publisher : Cambridge University Press
  • Release : 2016-04-18
  • ISBN : 1107135605
  • Pages : 923 pages

Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2016-04-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.

Book Targeting Terrorists

Download or read book Targeting Terrorists written by Professor Avery Plaw and published by Ashgate Publishing, Ltd.. This book was released on 2013-03-28 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Targeting Terrorists: A License to Kill? examines the political history and ethics of targeted killing. Avery Plaw's analysis addresses the questions of moral, political and legal justification in the context of the current 'war on terror' and of legitimate/illegitimate forms of counter-terrorism more generally. Given the increasing number of terrorist targetings conducted around the world today and the virtual absence of a sustained public and scholarly debate over the practice, this study makes a crucial contribution to the examination of an increasingly important and troubling subject. Incorporating insights and arguments from a range of disciplines and approaches, and offering an excellent balance between theory and case studies, this book is highly relevant for courses on ethics, politics, international relations and international law.

Book The Oxford Guide to International Humanitarian Law

Download or read book The Oxford Guide to International Humanitarian Law written by Ben Saul and published by Oxford University Press. This book was released on 2020-05-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.

Book Law and Policy of Targeted Killing

Download or read book Law and Policy of Targeted Killing written by Gabriella Blum and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.