Targeted killing : a legal and political history / Markus Gunneflo.
2016
KZ6362 .G86 2016 (Map It)
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Details
Title
Targeted killing : a legal and political history / Markus Gunneflo.
Published
Cambridge, United Kingdom : Cambridge University Press, 2016.
Call Number
KZ6362 .G86 2016
ISBN
9781107114852 (hardback)
1107114853 (hardback)
1107114853 (hardback)
Description
x, 278 pages ; 24 cm
System Control No.
(OCoLC)922913147
Summary
"Looking beyond the events of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relationship between sovereign authority and lawful violence underpinning the modern state system. It details the legal and political issues raised in targeted killing as it has emerged in practice, including questions of domestic constitutional authority, the use of force in international law, the law of belligerent occupation, the law of targeting and human rights law. The distinctive nature of Israeli and US targeted killing is analysed in terms of the compulsion of legality characteristic of liberal constitutionalism, a compulsion that demands the ability to distinguish between legal 'targeted killing' and extra-legal 'political assassination'. The effect is a highly legalized framework for the extraterritorial killing of designated terrorists that may significantly affect the international law of force"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 240-265) and index.
Record Appears in
Table of Contents
Acknowledgements
ix
1.
Targeted Killing in the History of Israel, the United States and International Law
1
History, Practice, International Law
2
Sovereignty, Protection, Liberal Legality
5
Chapter Overview
11
2.
Emergence of Targeted Killing in the Israeli-Palestinian Common Entrapment of Enmity
15
Public Committee Against Torture v. The Government of Israel
15
Walter Benjamin and the High Court of Justice
24
Trajectories of Israeli State Protection
32
Political Zionism as State Protection
34
Protection: The Difference a State Makes
38
`A Nation in Arms': The Israeli History of Wars of Existence and Assassinations
43
Occupation, Intifada, Targeted Killing
51
1967: Deepening the Common Entrapment of Enmity
52
Legal Regime of the Occupation
55
Debating Legal Authority for Lethal Force in the First Intifada
60
Targeted Killing in the Second Intifada and Beyond
70
3.
Emergence of Targeted Killing in an American Homeland which Is the Planet
82
Al-Aulaqi v. Obama
83
Carl Schmitt and the US District Court for the District of Columbia
87
Carl Schmitt and the Law and Politics of Protection
89
Schmitt's Sovereign Protection
91
Protection: From Extra-legal to Apocryphal Sovereignty
94
Protection: From Westphalian to Post-Westphalian International Law
97
NSDD 138 and George P. Shultz's Active Defense: Declaring War Against an Unspecified Terrorist Foe, to be Fought at an Unknown Place and Time with Weapons yet to be Chosen
109
Measures to Neutralise Terrorist Leaders and Organisations
109
From Passive to Active Defense against Terrorism
115
Abraham D. Sofaer and the Legal Authority for Active Defense
127
W. Hays Parks and the Lawful Killing of Terrorists under the Law of Armed Conflict
145
From Words to a Deed, Concept and Tool
154
Attempts to Kill Osama bin Laden in Afghanistan
157
Introducing the Targeted Killing Concept
161
New Tool for Targeted Killing: The Predator Drone
163
American Targeted Killing Scheme after 9/11
166
Law of Targeted Killing after 9/11
167
From Targeted Killing to Drone War
175
9/11, a New Kind of Terrorism and a Planetary Homeland Security
177
Disease Metaphor in Targeted Killing: Death as a Means to Sustain Life
186
4.
Targeted Killing and the Struggle over International Law's Sanctioning of Lethal Force
193
Individualisation of Enmity?
194
Deterritorialisation of Enmity?
206
Enemy or Rights-bearer?
215
Brief History of the Relation of Human Rights and Humanitarian Law
219
Doctrine of Lex Specialis
226
Substituting a Hybridised for a Mutually Exclusive Relation
229
5.
Law of Targeted Killing
232
Bibliography
240
Table of Cases
266
Index
268