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Targeted Killings : Law and Morality in an Asymmetrical World - Claire Finkelstein

Targeted Killings

Law and Morality in an Asymmetrical World

By: Claire Finkelstein (Editor), Jens David Ohlin (Editor), Andrew Altman (Editor)

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The war on terror is remaking conventional warfare. The protracted battle against a non-state organization, the demise of the confinement of hostilities to an identifiable battlefield, the extensive involvement of civilian combatants, and the development of new and more precise military technologies have all conspired to require a rethinking of the law and morality of war. Just war theory, as traditionally articulated, seems ill-suited to justify many of the practices of the war on terror. The raid against Osama Bin Laden's Pakistani compound was the highest profile example of this strategy, but the issues raised by this technique cast a far broader net: every week the U.S. military and CIA launch remotely piloted drones to track suspected terrorists in hopes of launching a missile strike against them.

In addition to the public condemnation that these attacks have generated in some countries, the legal and moral basis for the use of this technique is problematic. Is the U.S. government correct that nations attacked by terrorists have the right to respond in self-defense by targeting specific terrorists for summary killing? Is there a limit to who can legitimately be placed on the list? There is also widespread disagreement about whether suspected terrorists should be considered combatants subject to the risk of lawful killing under the laws of war or civilians protected by international humanitarian law. Complicating the moral and legal calculus is the fact that innocent bystanders are often killed or injured in these attacks. This book addresses these issues. Featuring chapters by an unrivalled set of experts, it discusses all aspects of targeted killing, making it unmissable reading for anyone interested in the implications of this practice.

...Targeted Killings: Law and Morality in an Asymmetrical World is a thought-provoking contribution that takes a refreshingly broad and timely approach in addressing the legal, ethical, and strategic-political dimension of the contemporary debate over targeted killings. * Prof. Dr. Robin Geiss, Global Law Books * ... a constructive work with a wide purview onto one of the most pressing and difficult policy questions of our time. * Steven J. Barela, Journal of International Criminal Justice *

Preface Andrew Altman : Introduction PART I: THE CHANGING FACE OF WAR: TARGETING NON-COMBATANTS 1: Mark "Max" Maxwell: Rebutting the Civilian Presumption: Playing Whack-A-Mole Without a Mallet? 2: Jens David Ohlin: Targeting Co-belligerents 3: Daniel Statman: Can Just War Theory Justify Targeted Killing? Three Possible Models 4: Jeremy Waldron : Justifying Targeted Killing With a Neutral Principle? PART II: NORMATIVE FOUNDATIONS: LAW ENFORCEMENT OR WAR? 5: Jeff McMahan: Targeted Killing: Murder, Combat, or Law Enforcement? 6: Claire Finkelstein: Targeted Killing as Preemptive Action 7: Richard V. Meyer : The Privilege of Belligerency and Formal Declarations of War PART III: TARGETED KILLING AND SELF-DEFENSE 8: Craig Martin: Going Medieval: Targeted Killing, Self-Defense, and the Jus ad Bellum Regime 9: Russell Christopher: Imminence in Justified Targeted Killing 10: Phil Montague : Defending Defensive Targeted Killings PART IV: EXERCISING JUDGMENT IN TARGETED KILLING DECISIONS 11: Amos N. Guiora: The Importance of Criteria-Based Reasoning in Targeted Killing Decisions 12: Gregory S. McNeal: Are Targeted Killings Unlawful? A Case Study in Empirical Claims without Empirical Evidence 13: Kevin H. Govern: Operation Neptune Spear: Was Killing Bin Laden a Legitimate Military Objective? 14: Kenneth Anderson: Efficiency in Bello and ad Bellum: Making the Use of Force Too Easy? PART V: UTILITARIAN TRADE-OFFS AND DEONTOLOGICAL CONSTRAINTS 15: Fernando R. Tesón: Targeted Killing in War and Peace: A Philosophical Analysis 16: Michael S. Moore: Targeted Killings and the Morality of Hard Choices 17: Leo Katz: Targeted Killing and the Strategic use of Self-Defense Index

ISBN: 9780199646470
ISBN-10: 0199646473
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 440
Published: 30th April 2012
Country of Publication: GB
Dimensions (cm): 25.6 x 18.0  x 3.5
Weight (kg): 1.06