Targeted killing, not assassination: the legal case for the United States to kill terrorist leaders

摘要

Since the terrorist attacks upon the United States on September 11, 2001, the United States and other nations in the world have been engaged in a global war on terrorism, either in Iraq, Afghanistan, the horn of Africa, Spain, or the United Kingdom. President George W. Bush of the United States has made it a center piece of his administration, and the next incoming United States president - be it Senator John McCain or Senator Barrack Obama - will have to make tough decisions regarding the execution of the war. This paper aims to clarify the legal and military options available to the President of the United States regarding the killing of terrorist leaders; and specifically argues that the United States can lawfully kill terrorist leaders, either as heads of state or entities. The common criticism of this point is that killing these individuals amounts to an unlawful state-sponsored assassination program. This author will attempt to deconstruct that criticism and provide a legal framework for a targeted killing policy and when it would be authorized, against whom, and restrictions on such a program. Part II provides context and scope of the paper, including relevant definitions. Part III will describe the recent modern history of attempts by the United States to assassinate leaders. And, parts IV and V will discuss the legal framework and make the substantive argument and conclusions.