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Targeted Killing in International Law

Targeted Killing in International Law

by Nils Melzer
Hardback
Publication Date: 29/05/2008

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A comprehensive analysis into the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law, this book examines treaties, custom and general principles of law to determine the normative paradigms which govern the intentional use of lethal force against selected individuals in law enforcement and the conduct of hostilities. It alse 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. Through a comprehensive analysis of treaties, custom
and general principles of law in light of jurisprudence, doctrine and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern targeted killings in situations of law enforcement and the conduct of hostilities. Based on the resulting normative paradigms, the author 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. The author concludes by highlighting and comparing the main areas of concern arising with regard to state-sponsored targeted killing under each normative paradigm and by
placing the results of the analysis in the greater context of the rule of law. *The author has conceived and written this book in an entirely personal capacity and independently from his function as a Legal Adviser in the Legal Division of the ICRC. The opinions expressed therein are his own and do not necessarily correspond to those held by the ICRC or its Legal Division.
ISBN:
9780199533169
9780199533169
Category:
International human rights law
Format:
Hardback
Publication Date:
29-05-2008
Language:
English
Publisher:
Oxford University Press
Country of origin:
United Kingdom
Pages:
528
Dimensions (mm):
242x163x33mm
Weight:
0.9kg
Nils Melzer

Nils Melzer, is a Swiss academic, author and advocate in international law, human rights and security policy. In 2016, the United Nations Human Rights Council appointed him the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In 2022 he was named Director of International Law, Policy and Humanitarian Diplomacy of the International Red Cross.

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