Document Type

Article

Publication Date

2009

Keywords

Transnational terrorism, Targeted killings, individual rights

Abstract

This article explores the restraints international human rights law and international humanitarian law place on a State’s use of lethal force against suspected terrorists. Although the law restricts the ability to target suspected terrorists, it is argued that these limits should be respected in order to protect innocent civilians from undue harm. Under IHRL, it is argued that the right to life as a peremptory norm restricts extra-territorial targeted attacks of suspected terrorists. Accordingly, such action should only be considered lawful when it is necessary to protect the State’s population from a known threat and lesser force would not suffice. Under IHL, it is argued that there is no third category of “unprivileged” or “unlawful” combatants who are subject to lawful targeting for the duration of the hostilities; rather, non-State actors who participate in an armed conflict may be lawfully targeted for the duration of their participation, including an ongoing chain of hostile acts.

Comments

Version of record available at: https://doi.org/10.22329/wyaj.v27i2.4529

Publication Abbreviation

Windsor YB Access Just

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