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Download Targeted Killing in International Law PDF
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Publisher : Oxford University Press on Demand
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ISBN 10 : 9780199533169
Pages : 468 pages
Rating : 4.1/5 (995 users)
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Download or read book Targeted Killing in International Law written by Nils Melzer and published by Oxford University Press on Demand. This book was released on 2008-05-29 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.

Download Targeted Killings and International Law PDF
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Publisher : Springer Science & Business Media
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ISBN 10 : 9783642248580
Pages : 664 pages
Rating : 4.6/5 (422 users)
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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 664 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.

Download The Legality of the Practice of Targeted Killings Under International Law PDF
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ISBN 10 : OCLC:956373969
Pages : pages
Rating : 4.:/5 (956 users)
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Download or read book The Legality of the Practice of Targeted Killings Under International Law written by Emmanuel Okurut and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of targeted killings is not a recent phenomenon in International Law. It has been practiced over the years and has been debated. In recent times, the term was popularized by the killing of Osama bin Laden. On 2 May 2011, U.S. Special Forces conducted an operation in Pakistan in which Osama Bin Laden was killed. He was said to be the leader of the Al-Qaeda Terrorist Group that claimed responsibility for the September 9/11 attacks on the U.S. that resulted in the death of thousands. There have been several other incidents of this nature and it is important to determine the legality of such strikes in order to regulate them better. This study comparatively examines state practice of those nations including the U.S., Israel and Russia that have carried out targeted killings while paying special attention to the justifications put forth in defense of the practice. These defenses range from national security and self-defenses. The paper goes a step further to examine some court cases that have particularly dealt with the issue of targeted killings to ascertain the judicial attitude to the practice. It also looks at the main killing techniques which include kill or capture raids and air strikes from unmanned aerial vehicles known as drones. The targeted individuals are alleged terrorists or others deemed dangerous, and their inclusion in kill/capture lists is based on undisclosed intelligence applied against secret criteria. The number of targeted killings that have been specifically carried out by the US has steadily escalated through the different presidential administrations. With reference to some prominent incidents of targeted killings, this study will present an international law perspective analyzing whether this practice can be legally justifiable. The study also focuses on the interaction between international law and the practice of targeted killing. An examination of the pertinent principles of the two branches of international law will be necessary to determine which one is applicable and when.

Download The Transformation of Targeted Killing and International Order PDF
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Publisher : Routledge
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ISBN 10 : 9780429594359
Pages : 152 pages
Rating : 4.4/5 (295 users)
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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 152 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.

Download The Assault on International Law PDF
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Publisher : Oxford University Press
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ISBN 10 : 9780199987429
Pages : 288 pages
Rating : 4.1/5 (999 users)
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Download or read book The Assault on International Law written by Jens David Ohlin and published by Oxford University Press. This book was released on 2014-12-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism, as the US drifted away from international institutions and conventions. Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In a series of influential writings, they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. These abstract arguments provide a foundation for dangerous legal conclusions: that international law is largely irrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the US should block any international criminal court with jurisdiction over Americans. These polemical accounts have ultimately triggered America's pernicious withdrawal from international cooperation. In The Assault on International Law, Jens David Ohlin exposes the mistaken assumptions of these "New Realists," in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on an innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans and commitments even when faced with opportunities for defection, as long as the original plan was beneficial for the agent. Seen in the light of this planning theory of rational agency, international law is the product of nation-states cooperating to escape a brutish State of Nature-a result that is not only legally binding but also in each state's self-interest.

Download Targeted Killings PDF
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Publisher : Oxford University Press
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ISBN 10 : 9780199646470
Pages : 496 pages
Rating : 4.1/5 (996 users)
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Download or read book Targeted Killings written by Claire Finkelstein and published by Oxford University Press. This book was released on 2012-03 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers and philosophers grappling with the moral and legal limits of the war on terror. This text examines the legal and philosophical issues raised by government efforts to target suspected terrorists.

Download Transnational Conflicts and International Law PDF
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Publisher : BoD – Books on Demand
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ISBN 10 : 9783735759252
Pages : 180 pages
Rating : 4.7/5 (357 users)
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Download or read book Transnational Conflicts and International Law written by Constantin von der Groeben and published by BoD – Books on Demand. This book was released on 2014-11-06 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operations against the PKK in northern Iraq pose difficulties as they transcend individual nations˙ political systems and geographical borders. Whether the law of war (i.e. humanitarian law) is applicable to such conflicts and to what extent human rights law binds the states involved is debated. This work aims to provide structure to the current debate and analyzes the applicability of both humanitarian law and human rights law. Furthermore, it examines and explores approaches to enhance and develop the existing legal framework, including proposed new legal regimes for transnational conflicts. The author argues against the strict separation of international humanitarian law and human rights law and instead borrows from Colombian authorities’ experience in their struggle with the FARC to develop an alternate solution, combining both legal regimes in an integrated approach.

Download Proportionality in International Law PDF
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Publisher : Oxford University Press, USA
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ISBN 10 : 9780199355037
Pages : 339 pages
Rating : 4.1/5 (993 users)
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Download or read book Proportionality in International Law written by Michael A. Newton and published by Oxford University Press, USA. This book was released on 2014 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

Download Killing in a Gray Area between Humanitarian Law and Human Rights PDF
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Publisher : Springer Science & Business Media
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ISBN 10 : 9783642046629
Pages : 184 pages
Rating : 4.6/5 (42 users)
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Download or read book Killing in a Gray Area between Humanitarian Law and Human Rights written by Jan Römer and published by Springer Science & Business Media. This book was released on 2010-01-12 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Armed forces can be confronted with the problem of correctly classifying a targeted group as one that is or is not party to an armed conflict. In particular, this happens in a context of a high level of violence where a non-international armed conflict is (likely) occurring at the same time, such as in Iraq, Afghanistan, Brazil or Mexico. The difficulty of qualifying the targeted group leads to a legal uncertainty in which it is unclear whether an operation is governed by international humanitarian law or the international law of human rights. The problem is of particular interest when lethal force is resorted to, as killing might be illegal under one of the two branches. The book attempts to provide guidance on how this uncertainty can be overcome. In order to do so, the requirements to kill under IHL and human rights law are analyzed and compared, as well as assessed in concrete operations of the National Police of Colombia who face this problem on a regular basis.

Download Targeted Killings  Drones  and International Law PDF
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ISBN 10 : OCLC:893478523
Pages : 292 pages
Rating : 4.:/5 (893 users)
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Download or read book Targeted Killings Drones and International Law written by Aaron Richard Ochse and published by . This book was released on 2013 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Targeted Killing PDF
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Publisher : Cambridge University Press
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ISBN 10 : 9781316552841
Pages : pages
Rating : 4.3/5 (165 users)
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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.

Download International Law and Drone Strikes in Pakistan PDF
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Publisher : Routledge
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ISBN 10 : 9781134074273
Pages : 247 pages
Rating : 4.1/5 (34 users)
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Download or read book International Law and Drone Strikes in Pakistan written by Sikander Ahmed Shah and published by Routledge. This book was released on 2014-11-13 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and political issues surrounding the use of drones in Pakistan. Drawing from international treaty law, customary international law, and statistical data on the impact of the strikes, Sikander Ahmed Shah asks whether drone strikes by the United States in Pakistan are in compliance with international humanitarian law. The book questions how international law views the giving of consent between States for military action, and explores what this means for the interaction between sovereignty and consent. The book goes on to look at the socio-political realities of drone strikes in Pakistan, scrutinizing the impact of drone strikes on both Pakistani politics and US-Pakistan relationships. Topics include the Pakistan army-government relationship, the evolution of international institutions as a result of drone strikes, and the geopolitical dynamics affecting the region. As a detailed and critical examination of the legal and political challenges presented by drone strikes, this book will be essential to scholars and students of the law of armed conflict, security studies, political science and international relations.

Download International Law  Security and Ethics PDF
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Publisher : Routledge
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ISBN 10 : 9781136719615
Pages : 224 pages
Rating : 4.1/5 (367 users)
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Download or read book International Law Security and Ethics written by Aidan Hehir and published by Routledge. This book was released on 2014-02-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.

Download Targeted Killings  Law and Counter Terrorism Effectiveness PDF
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Publisher : Routledge
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ISBN 10 : 9781000079845
Pages : 144 pages
Rating : 4.0/5 ( users)
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Download or read book Targeted Killings Law and Counter Terrorism Effectiveness written by Ophir Falk and published by Routledge. This book was released on 2020-07-15 with total page 144 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.

Download International Law and the Use of Force PDF
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Publisher : Oxford University Press
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ISBN 10 : 9780192536433
Pages : 480 pages
Rating : 4.1/5 (925 users)
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Download or read book International Law and the Use of Force written by Christine Gray and published by Oxford University Press. This book was released on 2018-02-09 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Download Targeted Killings Under International Humanitarian Law PDF
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ISBN 10 : OCLC:717756496
Pages : 164 pages
Rating : 4.:/5 (717 users)
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Download or read book Targeted Killings Under International Humanitarian Law written by Alessandro Targetti and published by . This book was released on 2007 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Research Handbook on International Law and Terrorism PDF
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Publisher : Edward Elgar Publishing
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ISBN 10 : 0857938800
Pages : 797 pages
Rating : 4.9/5 (388 users)
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Download or read book Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2014-06-30 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The 40 experts assembled by Ben Saul who are addressing the many-faceted legal issues connected to the ever-expanding meaning of "terrorism" are remarkable. Even after 50 years of scholarship on the subject, a book like this one is both relevant and useful.' - Cherif Bassiouni, DePaul University College of Law, US This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the use of force, international humanitarian law, international human rights law, the law of State responsibility, the United Nations Security Council, General Assembly, UN specialised bodies, and regional organisations. It also addresses special legal issues in dealing with terrorism such as gender, religion, victims of terrorism, weapons of mass destruction, and customary law.