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Subject: Law  Book Title: Targeted Killing in International Law
Targeted Killing in International Law
Melzer, Nils, Legal Adviser to the International Committee of the Red Cross (ICRC)
Print publication date: 2008
Published to Oxford Scholarship Online: January 2009
Print ISBN-13: 978-0-19-953316-9
doi:10.1093/acprof:oso/9780199533169.001.0001
 
Abstract: This book is a comprehensive analysis of the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law. It examines treaties, custom, and general principles of law to determine two distinct normative paradigms which govern the intentional use of lethal force against selected individuals in law enforcement and the conduct of hostilities. It also addresses the relevance of the law of interstate force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the use of lethal force. The book shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities are illustrated by reference to concrete examples of targeted killing from recent state practice. The book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a ‘microscopic’ interpretation of the law regulating the conduct of hostilities which leads to nuanced results reflecting the fundamental principles underlying international humanitarian law. It concludes by highlighting and comparing the main areas of concern arising with regard to state-sponsored targeted killing, and by placing the results of the analysis in the greater context of the rule of law.

Keywords: targeted killings, humanitarian law, international human rights law, law enforcement, hostilities, lethal force, assassination
Table of Contents
Introduction
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I. The Notion of ‘Targeted Killing’
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II. Current Trend towards Legitimization
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III. Targeted Killing in Contemporary Legal Doctrine
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IV. The Analysis
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V. The Paradigm of Law Enforcement
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VI. Law Enforcement and the Conventional Human Right to Life
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VII. Law Enforcement and the Protection of Life under International Humanitarian Law
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VIII. Law Enforcement and the Non-Conventional Human Right to Life
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IX. Permissibility of Targeted Killing as a Method of Law Enforcement
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X. The Paradigm of Hostilities
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XI. The Principle of Distinction under International Humanitarian Law
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XII. Means and Methods in the Conduct of Hostilities
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XIII. Human Rights Law and the Paradigm of Hostilities
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XIV. Permissibility of Targeted Killing as a Method of Conducting Hostilities
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XV. Comparative Conclusions
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XVI. Epilogue: Targeted Killing and the Rule of Law
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Appendix
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Bibliography
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Index
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doi:10.1093/acprof:oso/9780199533169.001.0001
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Part A State Practice and Legal Doctrine
Part B Law Enforcement
PART C Hostilities
Part D Conclusions