Targeted Killings: Law and Morality in an Asymmetrical World

Paperback | March 8, 2012

EditorClaire Finkelstein, Jens David Ohlin, Andrew Altman

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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 militarytechnologies 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 thisstrategy, 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 specificterrorists 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 byinternational 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 itunmissable reading for anyone interested in the implications of this practice.

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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 militarytechnologies have all conspired to require a rethi...

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy at the University of Pennsylvania, and a co-Director of Penn's Institute for Law and Philosophy. She writes in the areas of criminal law theory, moral and political philosophy, philosophy of law, international law, and rational choice theory. A part...

other books by Claire Finkelstein

Format:PaperbackDimensions:470 pages, 9.69 × 6.73 × 0.68 inPublished:March 8, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199646481

ISBN - 13:9780199646487

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Table of Contents

1. Amos Guiora: Targeted Killing: A Legal, Practical and Moral Analysis2. Fernando Teson: Is Targeted Killing Ever Justified?3. Jens David Ohlin: Targeting Co-Belligerents4. Michael Moore: Ethics in Extremis: The Morality of Hard Choices5. Leo Katz: Targeted Killings and Cyclical Choices6. Mark Maxwell: Like Playing Whack-A-Mole Without a Mallet? Allowing the State to Rebut the Civilian Presumption7. Gregory S. McNeal: The Organizational Dynamics of Targeted Killing8. Russell Christopher: Targeted Killing and the Imminence Requirement9. Craig Martin: Going Medieval: Targeted Killing, Armed Conflict, and Self-Defense10. Claire Finkelstein: Targeted Killing as Preemptive Action11. Phil Montague: Defending Defensive Targeted Killings12. Jeff McMahan: Targeted Killing in Morality and Law13. Jeremy Waldron: Can Targeted Killing Work as a Neutral Principle?14. Richard Meyer: An Argument for Formalizing the Commencement of Hostilities15. Kenneth Anderson: A Tension Between Efficiencies of Jus in Bello and Jus Ad Bellum In the Practice of Targeted Killing Through Drone Warfare16. Daniel Statman: Targeted Killing: Fairness and Effectiveness17. John Dehn: Proper Targeting of a War Enterprise18. Kevin H. Govern: Guns for Hire - Death on Demand? Private Military Companies as State Surrogates for Licit Targeted Killings