Extra-judicial targeted killing

Abstract

This paper asks fundamental questions about the legality of remote killings by drones outside combat zones. Despite the difficulty of obtaining accurate statistics from the Obama Administration, it argues that clear legal standards are being avoided and dangerous precedents are being established, including vaguely-defined licences to kill. It also criticises the US Administration's position justifying the use of such force, as identified by Harold Koh, the Legal Adviser to the State Department. The fundamental legal question of whether IHRL should apply is discussed.

Keywords:

• al-Qaeda
• drone strikes
• targeted killings
• war on terror
• armed conflict

Notes

1. New York Times Co. v. U.S. Department of Justice, No. 11-CIV-9336 (SDNY).

2. http://www.state.gov/s/l/releases/remarks/139119.htm

3. See Al-Aulaqi v Obama (US District Court for the District of Columbia, 2010), 727 F Supp 2d 1.

4. Prosecutor v. Tadic, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, Oct. 2, 1995, Case No. IT-94-1-AR72.

5. http://www.supremecourt.gov/opinions/05pdf/05-184.pdf

6. http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=4c07635c2