Law, Terrorism & Homeland Security- Greg McNeal Israeli Court on Targeted Killings/Preventive Strikes

My colleague Amos Guiora was cited by the Israeli Supreme Court in Public Committee Against Torture in Israel v. Israel. The full opinion is available HERE.

Guiora's piece entitled Terrorism on Trial: Targeted Killing As Active Self-Defense appears in 36 CASE WESTERN RES. J. INT'L L. 319 available for free download HERE.

Amos is a former officer in the Israeli Defense Forces He held a number of senior command positions, including Commander of the IDF School of Military Law, Judge Advocate for the Navy and Home Front Command, and the Legal Advisor to the Gaza Strip. He was involved in many important legal and policy-making issues, including the capture of the PLO weapons ship Karine A, implementation of the Gaza-Jericho Agreement, the Israeli-Palestinian Interim Agreement, and "Safe Passage" between the Gaza Strip and the West Bank.

He is author of Global Perspectives on Counterterrorism (Aspen Publishers, forthcoming 2008), He writes and lectures extensively on issues such as "Legal Aspects of Counterterrorism," "Global Perspectives of Counterterrorism," "Terror Financing," "International Law and Morality in Armed Conflict," and "Educating IDF Commanders and Soldiers on International Law and Morality."

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Tom O'Connor (mail) (www):

I suspect the Caroline doctrine has been used and possibly overused for a lot of things, but have to admit this is the first time I've seen it applied to targeted killing. What is it about the legal mind which seems to slice things up into dimensions? Targeted killing is obviously a subset of a larger universe of phenomena. Assassination, although loaded, is a better term. I also would like to see some good theoretical work on covert action.

12.19.2006 1:30am

Targeted assassination or targeted killing, whatever you want to call it, has like many things, in the course of American history, gotten a bad name for itself. Operation Phoenix, for example, is often cited as an instance of both intelligence failure and war crime. Peacetime use tends to conflate into debates over profiling. Much of law tends to protect political characters, leaders, or celebrities. With many jihadists as would-be-celebrities nowadays, I wonder if we ought to rethink the privileges we give such figures. I also wonder how military strategists would chime in on "cut the head off a snake" tactics.

12.19.2006 9:42am

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