Targeted Killings
LC Class | 2012933286 |
Targeted Killings: Law and Morality in an Asymmetrical World is a
The book begins with a discussion of targeted killing of non-combatants, followed by discussions of legalities, the rationale of self-defence, the choice of targets, and when and whether the ends can be used to justify the means. Several contributors defend targeting of non-combatants, while Jeremy Waldron discusses the morality associated with the tactic and argues against its use. Jeff McMahan identifies the problematic nature of targeted killing and emphasizes regulations for law enforcement to avoid abuse of process. Richard V. Meyer writes that any entity wishing to carry out targeted killing should first have to declare war on the targeted parties. Kevin H. Govern examines the elimination of Osama bin Laden and identifies this killing as justified and the product of a rational decision-making process. In the final portion of the book, Fernando Tesón says that targeted killing is particularly justified against terrorists because they use tactics specifically designed to kill civilians.
The book was well received in
Background
Targeted Killings: Law and Morality in an Asymmetrical World developed as an outgrowth from a conference in April 2011 that focused on philosophy and law.[2] The conference took place at the Institute for Law and Philosophy of the University of Pennsylvania.[1] Experts in the fields of public policy, politics, military regulations, battlefield knowledge, law, ethics, and philosophy discussed contemporaneous issues surrounding targeted killing in society.[2] The conference was titled "Using Targeted Killing to Fight the War on Terror: Philosophical, Moral, and Legal Challenges" and was organized by the University of Pennsylvania Law School.[6]
At the time of the book's initial print publication date, its editor Andrew Altman worked as Professor of Philosophy at Georgia State University and concurrently as director of research at the Jean Beer Blumenfeld Center for Ethics. Claire Finkelstein was the Algernon Biddle Professor of Law and Professor of Philosophy at the University of Pennsylvania and concurrently as co-director of the University of Pennsylvania Institute of Law and Philosophy. Jens David Ohlin was employed as an associate professor of law at Cornell Law School.[7] Ohlin's work had been published in academic journals, including the American Journal of International Law, the Columbia Law Review, and the Harvard International Law Journal.[8] He wrote the 2008 book Defending Humanity: When Force is Justified and Why with George Fletcher, which was also published by Oxford University Press.[9]
Targeted Killings: Law and Morality in an Asymmetrical World was published in hardcover format by
Content summary
Targeted Killings: Law and Morality in an Asymmetrical World begins with an introduction by Andrew Altman. This is followed by eighteen essays broken into five sections arranged by topic. The work says that after the Al-Qaeda attacks in the United States on 11 September 2001, the US and other countries began to see the tactic of targeted killing differently. The practice of targeted killing had previously been accepted in situations of self-defense in military settings; after the attacks it was used to kill non-combatants and those not directly involved in a particular armed force.[1][5]
The first section of the book is a discussion of targeted killing of non-combatants. In an essay titled "Rebutting the Civilian Presumption: Playing Whack-a-Mole Without a Mallet?", Colonel Mark Maxwell criticizes the opposition of the
In the second portion of the book, a group of articles discuss which sets of laws should be used to regulate targeted killing. Philosophy professor Jeff McMahan of Rutgers University asks, "Targeted Killing: Murder, Combat or Law Enforcement?". He says that eliminating enemies for purposes of self-defense is justified. McMahan writes about the problematic nature of targeted killing and emphasizes regulations for law enforcement to avoid abuses of process. University of Pennsylvania law and philosophy professor Claire Finkelstein writes in "Targeted Killing as Preemptive Action" about the difficulties of rationalizing targeted killing outside of the realm of typical combat between state actors. Finkelstein characterizes people as noncombatants unless they are a member of a group that includes identification through standardized attire and criminal behaviour patterns. Mississippi College School of Law professor Richard V. Meyer writes that current regulations and standards for targeted killing are inadequate. He says that any entity wishing to carry out targeted killing should first have to declare war on the targeted parties involved.[1][5]
The book's third group of essays analyzes the rationale of self-defence as a justification for targeted killing.
The fourth portion of the book discusses how to make specific choices in targeted killing situations prior to state actors carrying out actions against individuals.
The final portion of the book analyzes
Reception
Targeted Killings: Law and Morality in an Asymmetrical World was reviewed in the European Journal of International Law by University of Potsdam international and European law professor Robin Geiß.[1] The reviewer wrote that the book "is a thought-provoking contribution that takes a refreshingly broad and timely approach in addressing the legal, ethical, and strategic-political dimension of the contemporary debate over targeted killings".[1] Geiß concluded, "There is some overlap between the chapters, their relationship is not always evident, and as much as the interdisciplinary approach of this volume is to be appreciated, assembling and interlinking the different legal, ethical, and political findings in an overarching, concluding chapter would have been particularly useful. Nevertheless, the book reflects the entire spectrum of diverging views on the matter, and adds an important impetus to move the current debate forward."[1]
Assistant Professor and Head of Reference at Leonard Lief Library, Lehman College, City University of New York, Madeline E. Cohen wrote in an article for the International Journal of Legal Information, "Within the context of moral and legal principles, and military strategy, the subject of targeted killings is analyzed in great detail. These essays are interdisciplinary in their approach, and give various sides of arguments on this rich subject."[4] She concluded, "An excellent introduction by Andrew Altman provides an overview of 'Our Asymmetric World' and models used to combat terrorism. References, tables of cases and legal instruments are included making this an excellent reference for further research."[4]
Abraham David Sofaer reviewed the book for the Texas Law Review.[5] Sofaer wrote, "It is a beautiful book: large, with print size that is easy on the eyes, and with sufficient space between lines of text to make the complex material at least visually digestible. It has useful tables of cases, instruments, legislation, and abbreviations, as well as an index."[5] He commented, "it should be clear that a reader seeking a single, nonredundant and objective account of targeted killing should find another book. On the other hand, this collection of essays provides several original and useful treatments of various aspects of the subject."[5] Sofaer said that the book could have given more weight to the law enforcement model of how and when to use deadly force against individuals.[5]
The collection also received a review from
See also
- Assassination
- Chapter VII of the United Nations Charter
- CIA transnational anti-terrorism activities
- Extrajudicial killing
- Hague Initiative for Law and Armed Conflict
- Justifiable homicide
- Manhunt (military)
- Protocol I to the Geneva Conventions
- Targeted killing
- Targeted killing
- Israeli targeted killings
- July and August 2011 Karachi target killings
- Targeted Killing in International Law
- Targeted killings in Pakistan
- Rise and Kill First: The Secret History of Israel's Targeted Assassinations
References
- ^ ISSN 0938-5428. Retrieved 30 September 2013.
- ^ from the original on 27 May 2013. Retrieved 30 September 2013.
- ^ ISSN 0002-9300.
- ^ S2CID 155969155.
- ^ ISSN 0040-4411.
- Washington & Lee Law Review. 69. Washington & Lee University School of Law: 1371.
- ^ ISBN 9780199646470.
- ^ Post, Paul (25 March 2012). "Guest lecturer Jens Ohlin questions legality of modern warfare, War on Terror". The Saratogian.
- ^ Staff writer (19 March 2012). "Cornell University law professor and former Saratogian reporter Jens Ohlin to deliver lecture at Skidmore College on targeted killings". The Saratogian. Archived from the original on 4 March 2016. Retrieved 24 June 2014.
- ISBN 978-0199646470.
- OCLC 757147167.
- ISBN 978-0199646487.
- ASIN B008UT9DQA.
- OCLC 806038986.
- ^ Boston University International Law Journal. 30. Trustees of Boston University: 409.
Further reading
- Boothby, William H. (2012). The Law of Targeting. Oxford: Oxford University Press. ISBN 9780199696611.
- Chiesa, Luis E.; Greenawalt, Alexander K.A. (Summer 2012). "Beyond War: Bin Laden, Escobar, and the Justification of Targeted Killing". Washington & Lee Law Review. 69. Washington & Lee University School of Law: 1371.
- .
- Melzer, Nils (2007). Targeted Killing Under the International Normative Paradigms of Law Enforcement and Hostilities. Zurich: Schulthess Juristische Medien AG.
- ISBN 978-0-19-953316-9.
- Melzer, Nils (Spring 2010). "Forum: Direct Participation in Hostilities: Perspectives on the ICRC Interpretive Guidance: Keeping the Balance Between Military Necessity and Humanity: A Response to Four Critiques of the ICRC's Interpretive Guidance on the Notion of Direct Participation in Hostilities". New York University Journal of International Law and Politics. 42. New York University: 831.
- Ohlin, Jens David (April 2013). "The Duty to Capture". Minnesota Law Review. 97. Minnesota Law Review Foundation: 1268.
- Otto, Roland (2012). Targeted Killings and International Law. Heidelberg: Springer. ISBN 978-3-642-24858-0.
External links
- LCCN 2012-933286
- Targeted Killings: Law and Morality in an Asymmetrical World, at website of Oxford University Press
- Targeted Killings: Law and Morality in an Asymmetrical World, at LieberCode
- Targeted Killings: Law and Morality in an Asymmetrical World, at academia.edu