Abstract
International humanitarian law (“IHL”), or the law of armed conflict (“LOAC”), is a branch of international law designed to regulate the conduct of belligerent states during an armed conflict. [1] However, conflicts in the modern era are drastically different than the interstate hostilities envisioned at the time the bulk of IHL was developed. Contemporary conflicts, such as the 'War on Terror' between states and non-state actors, have resulted in new military tactics to address the complications inherent in these modern conflicts. The controversial use of targeted killing is amongst these new tactics. For the purposes of this discussion, targeted killing is the “intentional slaying of a specific alleged terrorist or group of alleged terrorists undertaken with explicit governmental approval where they cannot be arrested using reasonable means.” [2] The inability to arrest suspected terrorists reflects the transnational aspect to these conflicts as the victim state is unable to exert enforcement jurisdiction beyond its borders. [3] Until such time as new international norms develop to specifically address targeted killing, the legality of this tactic must be assessed against existing IHL. Under contemporary IHL, targeted killing is lawful although highly circumscribed.
Highlights
International humanitarian law (“IHL”), or the law of armed conflict (“LOAC”), is a branch of international law designed to regulate the conduct of belligerent states during an armed conflict. [1] conflicts in the modern era are drastically different than the interstate hostilities envisioned at the time the bulk of IHL was developed
[4] On the other hand, states cannot be expected to allow their civilian populations and armed forces to be attacked with impunity by well-armed transnational terrorist organizations that have essentially entered into an armed conflict with the victim state
The International Criminal Tribunal for the Former Yugoslavia (“ICTY”) held: we find that an armed conflict exists whenever there is a resort to armed force between States or protracted violence between governmental authorities and organized armed groups or between such groups within a State
Summary
International humanitarian law (“IHL”), or the law of armed conflict (“LOAC”), is a branch of international law designed to regulate the conduct of belligerent states during an armed conflict. [1] conflicts in the modern era are drastically different than the interstate hostilities envisioned at the time the bulk of IHL was developed. [1] conflicts in the modern era are drastically different than the interstate hostilities envisioned at the time the bulk of IHL was developed Contemporary conflicts, such as the 'War on Terror' between states and non-state actors, have resulted in new military tactics to address the complications inherent in these modern conflicts. [3] Until such time as new international norms develop to address targeted killing, the legality of this tactic must be assessed against existing IHL. Where one stands on this controversial issue frequently informs the terminology employed Those opposed to targeted killing commonly use such terms as 'extra-judicial execution' or 'assassination'. As with any use of force in an armed conflict, the legality of targeted killings will depend on conformity with the principles of IHL.
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