Chapter

Targeting of persons and property

by Eric Talbot Jensen

The war on terror and the laws of war : a military perspective

Oxford [etc.] : Oxford University Press, 2015

p. 71-100

English

This chapter analyzes the current international law on targeting in a situation of armed conflict. The author first details the relevant law of armed conflict (LOAC) provisions related to the targeting of persons and objects within current treaty law, namely the 1949 Geneva Conventions, their 1977 Additional Protocols and the 1907 Hague Convention. The author also discusses the means used to target and the method of munitions employment. The central issue addressed by the author, however, is the difficulties associated with the targeting of persons and property in the war on terror, specifically individuals who are not members of armed forces and who may not be currently involved in active hostilities or residing in an area of active hostilities. Furthermore, the author considers the legal and policy issues of the United States’ current targeting methodology related to the use of drones against suspected enemies of the United States - both foreign and American nationals - overseas as well as on US soil and analyze the legality of attacks that occur outside of a current conflict. [Summary by students at the International Criminal and Humanitarian Law Clinic, Laval University]

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• The war on terror and the laws of war : a military perspective / Geoffrey S. Corn... [et al.] ; foreword by Charles J. Dunlap