| Publication |
2012.
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| Summary/Abstract |
On 2 May 2011, a team of US Special Forces executed an operation against Osama Bin Laden in Pakistan. The extraterritorial use of force against a non-State actor in the territory of another State with the aim of using lethal force against an individual is recognized as the phenomenon of targeted killings. Such operations exist on two levels: the extraterritorial use of force in the territory of another State and the use of lethal force against an individual. However, such operations also appear to blur and challenge boundaries within the international legal framework. This paper aims to clarify the existing rules within international law which govern targeted killings. The operation against Bin Laden will be used as a study to facilitate understanding of the legal considerations which arise in assessing the prohibition and permissibility of Targeted Killings under the existing framework of international law. This paper will examine the official US position under international law on targeted killings and the operation against Bin Laden to identify the legal justifications put forward. The paper will then continue to examine these legal justifications under existing frameworks in international law from three legal regimes which come into play: (i) jus ad bellum; (ii) jus in bello; (iii) International Human Rights Law.
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