Jens David Ohlin

in Targeted Killings

Published in print March 2012 | ISBN: 9780199646470
Published online September 2012 | e-ISBN: 9780191738975 | DOI:

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This chapter investigates the tension between national security and civil liberties through a distinctive conceptual framework: what linking principle can be used to connect the targeted individual with the collective group that represents the security threat? The chapter is organized as follows. Section II explains and defends this methodology by demonstrating that no account of targeted killing — whether sounding in jus in bello or jus ad bellum — can be complete without making explicit reference to a linking principle. Section III then proceeds to catalogue five major linking principles — taken from different domains of law including the use of force, international humanitarian law, and criminal law — that could potentially serve that function: direct participation, co-belligerency, membership, control, and complicity/conspiracy. Section IV concludes with a comparative evaluation of the linking principles that exposes their strengths and weaknesses.

Keywords: national security; civil liberties; security threats; targeted killing; linking principle; direct participation; co-belligerency; membership; control; complicity

Chapter.  15190 words. 

Subjects: Public International Law

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