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Targeted Killings: A Lawful Practice of Counter-Terrorism or Extra-Legal Execution?

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Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

Te Herenga Waka—Victoria University of Wellington

Abstract

This paper analyses whether or not the counter-terrorism practice of targeted killings is legal under international human rights law. The paper gives an in depth analysis of the practice of targeted killings and examines the human rights at stake. In the second part the paper ponders if a state’s inherent right to self-defence legitimises the practice of targeted killings. The conclusion is that the practice of targeted killings is not compatible with the “imminence” element essential to the right to self-defence and, as a result, does not constitute a legitimate derogation to fundamental rights. Accordingly, the last section will examine alternatives to the use of targeted killings as a counter-terrorism method.

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Keywords

Self-defence, Human rights, Assassination

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