Article

Clearing some of the fog of war over combating terrorists on the frontiers of international law : targeted killing and international humanitarian law

Brian Sang

• African yearbook on international humanitarian law, 2011, p. 1-46

English

This paper begins by clarifying the legal definition of "targeted killing". Subsequently, an examination is made of the applicable international legal framework governing targeted killings in international law, with specific reference being made to the international law of armed conflict. This leads to a review of the requisite "armed conflict" requirement, which is essential to the applicability of international humanitarian law. Thereafter, a discussion on the question regarding the categorisation of military operations against transnational terrorist groups (whether international, non-international or otherwise) follows. Afterwards, the jus in bello principles will be analysed, in turn, in the light of the notion of targeted killing. The paper then turns briefly to additional targeting obligations arising from human rights law before concluding.

• African yearbook on international humanitarian law
• African yearbook on international humanitarian law [2011]