Chapter

The legal regime governing the use of lethal force in the fight against terrorism

David Kretzmer

Counter-terrorism strategies in a fragmented international legal order : meeting the challenges

Cambridge : Cambridge University Press, 2013

p. 559-588

English

The case study that forms the starting point for this analysis involves use of lethal force by one State (A) against a non-state actor who is currently in the territory of another State (B). State A claims that the said non-state actor is involved in terrorist activities directed against it or its citizens, and that State B has failed to take action to apprehend him and put an end to his terrorist activities, because it is either unwilling or incapable of doing so. The question for discussion is which regime of international law applies to the action of State A. In analysing this question it is important to distinguish between two separate, though connected, issues: (1) legality of using force in the territory of another state; (2) the right to life of the individual concerned.

• Full text : restricted access (ICRC)

• Counter-terrorism strategies in a fragmented international legal order : meeting the challenges / ed. by Larissa van den Herik and Nico Schrijver