: Anna Goppel
: Killing Terrorists A Moral and Legal Analysis
: Walter de Gruyter GmbH& Co.KG
: 9783110277272
: 1
: CHF 93.10
:
: 20. und 21. Jahrhundert
: English
: 356
: Wasserzeichen
: PC/MAC/eReader/Tablet
: PDF
< >The targeted killing of terrorists has become an established practice in the fight against terrorism. Anna Goppel analyses the justifiability of this practice, both from a moral and an international legal perspective. She shows that the targeted killing of terrorists can be justified only in very specific and rather theoretical cases. This seriously questions the practice as well as its increasing acceptance.

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< >Anna Goppel, University ofZurich, Switzerland.

Acknowledgments5
List of abbreviations11
Table of cases13
Table of treaties17
Table of UN documents20
Table of other materials24
Introduction29
Part I: Groundwork35
1 Defining ‘targeted killing of terrorists’37
1.1 Defining ‘targeted killing’37
1.2 Defining ‘terrorist’45
1.3 Distinguishable forms and cases54
2 Case studies and aspects relevant for the assessment57
2.1 Case studies57
2.2 Aspects relevant for the assessment79
Part II: International Legal Justification83
3 Human rights85
3.1 Peacetime86
3.2 Armed conflicts97
4 Legal acts of war104
4.1 The (in)dependence of jus ad bellum and jus in bello arguments105
4.2 Lines of argument107
4.3 International armed conflicts112
4.3.1 Conflicts with terrorists as international armed conflicts: Preconditions113
4.3.2 Imputability of non-state terrorist acts to states119
4.3.3 Conflicts with terrorists as international armed conflicts: Conclusions135
4.3.4 The legality of targeted killing in international armed conflicts136
4.3.5 The status of terrorists and conclusions regarding the legality of targeting and killing them156
4.4 Non-international armed conflicts172
4.4.1 The legality of targeted killing in non-international armed conflicts172
4.4.2 Conflicts with terrorists as non-international armed conflicts and conclusions regarding the legality of targeted killing of terrorists176
4.5 Occupied territories and a ‘new’ type of armed conflict189
4.5.1 Occupied territories190
4.5.2 A ‘new’ type of armed conflict193
5 National self-defence195
5.1 Preconditions of the right of national self-defence197
5.2 Armed attack198
5.3 Preventive and reactive national self-defence209
5.4 Proportionality and necessity223
5.5 Legality of targeted killing in terms of the right of national self-defence225
5.6 Applicable international law and limits to the use of targeted killing in self-defence227
Part III: Moral Justification231
6 The rationale for killing in war235
6.1 Morally accepted means of warfare235
6.2 Analogous application of the wartime rationale for killing250
7 Revenge and punishment256
7.1 Revenge256
7.2 Punishment258
8 Consequences (i): Consequentialism as a general moral theory265
9 Feindstrafrecht: Forfeiture of the right to life277
10 Self-Defence: Limited forfeiture of the right to life286
11 Consequences (ii): The situation-dependent justifying force of consequences316
11.1 ‘Counter-terrorism principles’317
11.2 Consequences ‘regain’ normative force324
Concluding remarks336
References340
Index354