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The Fight Against Terrorism

EYAL ZAMIR and BARAK MEDINA

in Law, Economics, and Morality

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195372168
eISBN:
9780199776078
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372168.003.06
Subject:
Law, Philosophy of Law

This chapter presents a constrained cost-benefit analysis of measures taken in the fight against terrorism. It begins by characterizing and criticizing existing normative economic analysis of the ... More


Permissibility of Targeted Killing as a Method of Conducting Hostilities

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0014
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines as to what extent the resort to targeted killings can be regarded as permissible under each of the conditions and modalities that govern the use of lethal force under the ... More


TARGETED KILLING IN WAR AND PEACE: A PHILOSOPHICAL ANALYSIS

Fernando R. Tesón

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0016
Subject:
Law, Public International Law, Philosophy of Law

On May 2, 2011, a special unit of the U.S. Navy killed Osama bin Laden in Pakistan. Many rejoiced at this development and felt that justice had been served. However, emotion is no substitute for ... More


Permissibility of Targeted Killing as a Method of Law Enforcement

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the extent to which the method of targeted killing can be regarded as permissible under each of the conditions and modalities of the international normative paradigm of law ... More


TARGETED KILLING AS PREEMPTIVE ACTION

Claire Finkelstein

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0007
Subject:
Law, Public International Law, Philosophy of Law

The policy of the Bush Administration with regard to terror suspects focused on detention and interrogation: detention as a temporary immobilization of potential terrorists, and interrogation to ... More


OPERATION NEPTUNE SPEAR: WAS KILLING BIN LADEN A LEGITIMATE MILITARY OBJECTIVE?

Kevin H. Govern

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0014
Subject:
Law, Public International Law, Philosophy of Law

This chapter takes the killing of Osama bin Laden as a test case for considering the moral and legal status of intentionally killing individuals deemed a threat to national security, under conditions ... More


TARGETED KILLING: MURDER, COMBAT OR LAW ENFORCEMENT?

Jeff McMahan

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0006
Subject:
Law, Public International Law, Philosophy of Law

This chapter begins by arguing that the targeted killing of terrorists can be morally justified only in terms of self-defence or the defence of others, and not on retributive grounds. The most ... More


States of Exception: Regulating Targeted Killing in a ‘Global Civil War’

Nehal Bhuta

in Human Rights, Intervention, and the Use of Force

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552719
eISBN:
9780191721090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552719.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter reviews the way that the ‘global war on terror’ destabilizes legal categories regulating the scope of legitimate violence in international human rights (IHR) law and international ... More


Targeted Killings: Law and Morality in an Asymmetrical World

Claire Finkelstein, Jens David Ohlin, and Andrew Altman (eds)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.001.0001
Subject:
Law, Public International Law, Philosophy of Law

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 ... More


INTRODUCTION

Andrew Altman

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0001
Subject:
Law, Public International Law, Philosophy of Law

This introductory chapter provides material intended to orient readers, coming as they will from a broad range of academic and non-academic backgrounds. Section I explains what is meant by ... More


Comparative Conclusions

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0015
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter compares the results of the preceding analysis into the permissibility of State-sponsored targeted killing under the international normative paradigms of law enforcement and of ... More


THE IMPORTANCE OF CRITERIA-BASED REASONING IN TARGETED KILLING DECISIONS

Amos N. Guiora

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0012
Subject:
Law, Public International Law, Philosophy of Law

This chapter presents an account of how targeted killing does, and should, work on the ground. The discussion is based on the author's twin perspectives of having served as a legal advisor in the ... More


Introduction

Jenna Jordan

in Leadership Decapitation: Strategic Targeting of Terrorist Organizations

Published in print:
2019
Published Online:
May 2020
ISBN:
9781503608245
eISBN:
9781503610675
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9781503608245.003.0001
Subject:
Political Science, Conflict Politics and Policy

Leadership decapitation, which refers to the arrest or killing of a group’s leadership, has become a key tool in current counterterrorism strategies This chapter presents an overview of the debate ... More


For

Tamar Meisels

in Debating Targeted Killing: Counter-Terrorism or Extrajudicial Execution?

Published in print:
2020
Published Online:
June 2020
ISBN:
9780190906917
eISBN:
9780190906955
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190906917.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter opens the debate with Meisels’ defense of targeted killing as a legitimate and desirable defensive anti-terrorism strategy, in keeping with both just war theory and international law. ... More


Using International Law to Combat Unlawful Targeted Killings

Philip Alston

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0071
Subject:
Law, Public International Law

International law does not offer any recognized definition of what constitutes a ‘targeted killing’ and the confluence of diverse legal frameworks further complicates matters. For the purpose of ... More


EFFICIENCY IN BELLO AND AD BELLUM: MAKING THE USE OF FORCE TOO EASY?

Kenneth Anderson

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0015
Subject:
Law, Public International Law, Philosophy of Law

This chapter focuses on an argument over targeted killing using drones. The bare-bones argument is the following: Targeted killing using drone warfare is immoral because, by removing the personal ... More


TARGETED KILLINGS AND THE MORALITY OF HARD CHOICES

Michael S. Moore

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0017
Subject:
Law, Public International Law, Philosophy of Law

This chapter approaches the question of the morality of targeted killing by developing a general theoretical framework for answering questions about what morality permits, forbids, and requires. The ... More


Leadership Decapitation: Strategic Targeting of Terrorist Organizations

Jenna Jordan

Published in print:
2019
Published Online:
May 2020
ISBN:
9781503608245
eISBN:
9781503610675
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9781503608245.001.0001
Subject:
Political Science, Conflict Politics and Policy

Does leadership targeting work? This question lies at the heart of studies on the efficacy of counterterrorism policy. This book examines whether killing or arresting terrorists is an effective means ... More


REBUTTING THE CIVILIAN PRESUMPTION: PLAYING WHACK-A-MOLE WITHOUT A MALLET?

Colonel Mark “Max” Maxwell

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0002
Subject:
Law, Public International Law, Philosophy of Law

This chapter outlines how the law of war regarding targeted killing can be tailored to combat international terrorism. To accomplish this objective, it grapples with the principal legal question ... More


GOING MEDIEVAL: TARGETED KILLING, SELF-DEFENSE AND THE JUS AD BELLUM REGIME

Craig Martin

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0009
Subject:
Law, Public International Law, Philosophy of Law

This chapter analyzes the U.S. claims that the targeted killing policy is justified under the jus ad bellum doctrine of self-defence. It argues that this very broad and general claim, as a basis for ... More


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