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Targeted KillingsLaw and Morality in an Asymmetrical World$
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Claire Finkelstein, Jens David Ohlin, and Andrew Altman

Print publication date: 2012

Print ISBN-13: 9780199646470

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199646470.001.0001

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TARGETING CO-BELLIGERENTS

TARGETING CO-BELLIGERENTS

Chapter:
(p.60) 2 TARGETING CO-BELLIGERENTS
Source:
Targeted Killings
Author(s):

Jens David Ohlin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199646470.003.0003

This chapter investigates the tension between national security and civil liberties through a distinctive conceptual framework: what linking principle can be used to connect the targeted individual with the collective group that represents the security threat? The chapter is organized as follows. Section II explains and defends this methodology by demonstrating that no account of targeted killing — whether sounding in jus in bello or jus ad bellum — can be complete without making explicit reference to a linking principle. Section III then proceeds to catalogue five major linking principles — taken from different domains of law including the use of force, international humanitarian law, and criminal law — that could potentially serve that function: direct participation, co-belligerency, membership, control, and complicity/conspiracy. Section IV concludes with a comparative evaluation of the linking principles that exposes their strengths and weaknesses.

Keywords:   national security, civil liberties, security threats, targeted killing, linking principle, direct participation, co-belligerency, membership, control, complicity

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