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The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination
Denver Journal of International Law & Policy Volume 31 Number 2 Winter Article 3 April 2020 The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination Louis Rene Beres Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Louis Rene Beres, The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination, 31 Denv. J. Int'l L. & Pol'y 157 (2002). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. THE NEWLY EXPANDED AMERICAN DOCTRINE OF PREEMPTION: CAN IT INCLUDE ASSASSINATION? LOUIS RENt BERES* On September 20, 2002, President Bush issued the National Security Strategy of the United States of America ("National Security Strategy").' Expanding this country's right of preemption in foreign affairs - a right known formally as 2 "anticipatory self-defense" under international law - the new American doctrine asserts, inter alia, that "[t]raditional concepts of deterrence will not work against a terrorist enemy whose avowed tactics are wanton destruction and the targeting of innocents...."' The doctrine goes on: "We must adapt the concept of imminent threat to the capabilities and objectives of today's adversaries. ' 4 This "adaptation" means nothing less than striking first where an emergent threat to the United States is presumed to be unacceptable.5 Might the broadened right of preemption include assassination? Normally we think of preemptive strikes in terms of military operations against enemy forces and/or infrastructures. -
Killing No Murder. Proving 'Tis Lawful and Meritorious in the Sight Of
speciAL coLLecxiiONS tDOUQlAS LibRARy queeN's UNiveRSiiy AT kiNQsroN klNQSTON ONTARIO CANADA " ; Killing no Murder. Proving 'tis lawful and meritorious in the Sight of God and Man, to deftroy, by any means. Tyrants of all Degrees, their Creatures and Dependants; That fhould attempt the Subverfion of Liberty in a free State, to introduce Slavery, Beggary, ^c^ Demonftrated from holy Writ, the Laws of Na- ture, and the moft celebrated Authors, Antient and Modern. By titie- trave CoIonfcP Tl T^U aS, Alias }K, A J. L K^N,. , . __ Illuftrated with many. Example^ of true Patriotifoi, And contains rnpny Tbin|l ^^, iddf^tye 's^fefL(M|^.^r Confidefatfohin bur prefcntState, ' ^ "Wherein nothing but the Exertion of a general public Spiri: can avert our being curs'd with a Train of Evils impending And when too late, the Pufillanimous may cry. Goad Lord! ivho could hwve thought it? To which are sAiein The Sentiments of an illuftrious Patriot, deceas'd 5 on important Subjects that concern the very Being pf the Conftitution and Liberties of Britain^ EDINBURGH: Printed for J. Ker, and fold at the Highlandery a Snuff Shop, in Ctcil Courts St. Martin $ Lar.e, London, 1 749, [Price One Shliling.] ^.vi^ /j'Qv^'inif.s't') Advertifement* TH E former Editions of this ex- cellent Piece, are all fcurvily printed, and very incorreft. To his Highness Oliver Cromwell. May it pleafe your Highnefs, I have fpent fome Hours of the HOWLeifure your Highnefs has been pleafed to give me, this following Paper will give your Highnefs an Account •, how you will pltafe to interpret it I cannot tell, but I can with Confidence fay, my Intendon in it is, to procure your Highnefs that Juftice no Body yet does you, and to let the People fee the longer they defer it, the greater Injury they do both themfelves and you. -
Killing Noe Murder
1 Edward Sexby (writing as William Allen), 1657: Killing Noe Murder. Briefly Discourst In Three Quaestions And all the people of the land rejoiced: and the city was quiet, after that they had slain Athaliah with the sword. 2 Chr. 23: 2 I Now after the time that Amaziah did turn away from following the Lord, they made a conspiracy against him in Jerusalem, and he fled to Lachish; but they sent to Lachish after him, and slew him there. 2 Chr. 25: 27 To His Highness Oliver Cromwell: May it please your Highness, How I have spent some hours of the leisure your Highness has been pleased to give me, this following paper will give your Highness an account. How you will please to interpret it I cannot tell; but I can with confidence say my intention in it is to procure your Highness that justice nobody yet does you, and to let the people see the longer they defer it, the greater injury they do both themselves and you. To your Highness justly belongs the honour of dying for the people; and it cannot choose but be unspeakable consolation to you in the last moments of your life to consider with how much benefit to the world you are like to leave it. 'Tis then only, my Lord, the titles you now usurp will be truly yours. You will then be indeed the deliverer of your country, and free it from a bondage little inferior to that from which Moses delivered his. You will then be that true reformer which you would be thought. -
The Byronic Hero and the Renaissance Hero-Villain Analogues and Prototypes
THE BYRONIC HERO AND THE RENAISSANCE HERO-VILLAIN ANALOGUES AND PROTOTYPES APPROVED: Graduate Committee: ajotf Profes f'S. Minor Professor Comihittee Member Committee Member UmJUa-v+v -7. hjLzJlJL^ Chairman of Graduate Studies in English Deari^of the Graduate School Howard, Ida Beth, The Byronic Hero and the Renaissance Hero-Villain: Analogues and Prototypes. Doctor of Philoso- phy (English), August, 1973, 346 pp., bibliography, 141 titles. The purpose of this study is to suggest the influence of certain characters in eighteen works by English Renais- sance authors upon the Byronic Hero, that composite figure which emerges from Byron's Childe Harold's Pilgrimage, the Oriental Tales, the dramas, and some of the shorter poems. Chapter I presents an expanded statement of the overall aim of this entire work and a preliminary projection of the problems to be considered in the succeeding chapters. Prerequisite to the thesis of this study is the assump- tion that Byron was familiar with the English Renaissance authors. Chapter II is an inquiry into the nature of Byron's reading through an examination of the extant catalogues of the books Byron owned, his statements regarding the books he had read, the references to Renaissance literature in his poetry and in his conversations, letters, and journal entries, and the recorded comments by his contemporaries on the nature and extent of Byron's reading. It is possible to conclude from this investigation that Byron's knowledge of these Renaissance works was considerable. Chapter III is a discussion of the nature of Byron's literary borrowings and includes a consideration of nineteenth- and twentieth-century comments on this subject. -
E Discreet Charm of the “Anarchist Sublime”: Sovereign Power and Bare Life Revisited Antonis Balasopoulos
!e Discreet Charm of the “Anarchist Sublime”: Sovereign Power and Bare Life Revisited Antonis Balasopoulos HOW HAVE INTELLECTUALS, PARTICULARLY INTELLECTUALS IN THE UNITED STATES, thought about the state in the period inaugurated by the catastrophic events of 9/11 and e#ectively terminated with the global $nancial crisis of early 2008? !ey have not thought about it much in its traditional, eighteenth- and nineteenth-century guise, as arbiter and media- tor between antagonistic private or group interests; neither have they tended to dwell on a state that appears in the guise of the social security or Keynesian state of the postwar period, one that undertakes a redistribution of the pro$ts of uneven development with the aim of de%ecting acute forms of class struggle and engendering social stability and consensus in the metropolis. !e predominant face the state, and especially the state of the United States, showed to its inspectors in this period was rather that of a sinister Leviathan: a state predicated on unlimited and illimit- able violence, on force that is not simply unchecked by law but that in fact predates all law, con- stituting it in the very act of suspending it. It has been an image composed empirically, shaped by the galvanizing synapse that 9/11 was to form between “us” and “them,” between the long- familiar spectacle of non-Western refugees or civil war victims and the sudden revelation of the precarious life of $rst-world bodies, mass-incinerated in the %aming inferno of the Twin Towers, mutilated by mines and ambushes in Afghani and Iraqi ba"le$elds, frisked by police at metro- politan airports, surveilled, questioned, or detained by newly formed or newly enhanced authori- ties at home. -
Assassinating Saddam Hussein: the View from International Law
ASSASSINATING SADDAM HUSSEIN: THE VIEW FROM INTERNATIONAL LAW Louis Rend Beres, Ph.D.' With war against Iraq an increasingly probable event,** the question of assassination looms large in American operational planning. Whether or not such high-level political killing of Saddam Hussein would be in the overall best interests of the United States or its allies is certainly a vital question, but one I will now leave for others. The question to be considered here asks rather if such assassination could be permissible under international law. Following a general jurisprudential assessment of this question, I will examine this issue of permissibility with special reference to counter-terrorism. Understood as tyrannicide' (killing a tyrant) within a country, assassina- tion has often been accepted as lawful. Support for such a form of assassina- tion can be found in Aristotle's POLITICS, Plutarch's LIVES, and Cicero's DE OFFICIS. According to Cicero:2 There can be no such thing as fellowship with tyrants, nothing but bitter feud is possible: and it is not repugnant to nature to despoil, if you can, those whom it is a virtue to kill; nay, this pestilent and godless brood should be utterly banished from human society. For, as we amputate a limb in which the blood and the vital spirit have ceased to circulate, because it injures the rest of the body, so monsters, who under human guise, conceal the cruelty and ferocity of a wild * Louis Ren6 Beres received his Ph.D. from Princeton University in 1971 and is currently Professor of Political Science and International Law at Purdue University. -
The History of Terrorism: from Antiquity to Al Qaeda
THE HISTORY OF TERRORISM Publié avec le concours du Ministère français chargé de la culture, Centre national du livre. Published with the assistance of the French Ministry of Culture’s National Center for the Book. The publisher gratefully acknowledges the generous contribution to this book provided by the Literature in Translation Endowment Fund of the University of California Press Foundation, which is supported by a major gift from Joan Palevsky. THE HISTORY OF TERRORISM FROM ANTIQUITY TO AL QAEDA Edited by Gérard Chaliand and Arnaud Blin Translated by Edward Schneider, Kathryn Pulver, and Jesse Browner UNIVERSITY OF CALIFORNIA PRESS BERKELEY LOS ANGELES LONDON University of California Press, one of the most distin- guished university presses in the United States, enriches lives around the world by advancing scholarship in the humanities, social sciences, and natural sciences. Its ac- tivities are supported by the UC Press Foundation and by philanthropic contributions from individuals and in- stitutions. For more information, visit www.ucpress.edu. University of California Press Berkeley and Los Angeles, California University of California Press, Ltd. London, England © 2007 by The Regents of the University of California Library of Congress Cataloging-in-Publication Data Histoire du terrorisme. English The history of terrorism : from antiquity to al Qaeda / edited by Gérard Chaliand and Arnaud Blin ; trans- lated by Edward Schneider, Kathryn Pulver, and Jesse Browner. p. cm. Includes bibliographical references and index. isbn-13: 978-0-520-24533-4 (cloth : alk. paper) isbn-13: 978-0-520-24709-3 (pbk. : alk. paper) 1. Terrorism—History. I. Chaliand, Gérard, 1934–. II. Blin, Arnaud. -
On Assassination As Anticipatory Self-Defense: the Case of Israel Louis Rene Beres
Hofstra Law Review Volume 20 | Issue 2 Article 2 1991 On Assassination as Anticipatory Self-Defense: The Case of Israel Louis Rene Beres Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Beres, Louis Rene (1991) "On Assassination as Anticipatory Self-Defense: The asC e of Israel," Hofstra Law Review: Vol. 20: Iss. 2, Article 2. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol20/iss2/2 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Beres: On Assassination as Anticipatory Self-Defense: The Case of Israel ON ASSASSINATION AS ANTICIPATORY SELF- DEFENSE: THE CASE OF ISRAEL Louis Rend Beres* INTRODUCTION During the next year, Israel's continuing security problems' may compel Jerusalem to decide once again between waiting for its ene- mies to strike first and striking first itself. Judged from a strategic and tactical perspective, the choice of preemption might surely appear rational and cost-effective.2 Significantly, from the standpoint of in- * Professor of International Law, Purdue University Department of Political Science. 1. For detailed information on these problems, see Louis Ren6 Beres, After the Gulf War: Israel, Palestine and the Risk of Nucleai War in the Middle East, STRATEGIC REV., Fall 1991, at 48; Louis Ren6 Beres, The Growing Threat of Nuclear War in the Middle East, JERUSALEM J. INT'L REL., Jan. -
Assassinating Saddam: a Post-War View from International Law
Denver Journal of International Law & Policy Volume 19 Number 3 Spring Article 7 May 2020 Assassinating Saddam: A Post-War View from International Law Louis Rene Beres Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Louis Rene Beres, Assassinating Saddam: A Post-War View from International Law, 19 Denv. J. Int'l L. & Pol'y 613 (1991). This Comment is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. FACULTY COMMENT Assassinating Saddam: A Post-War View From International Law Louis RENA BERES* As the Gulf crisis turned into the Gulf War, Americans looked with renewed interest to quick-fix solutions. Predictably, one of the most pop- ular solutions centered on assassination of the offending figure, Iraq's Saddam Hussein. Whether or not such high-level political killing would have been in the overall best interests of the United States or its allies is certainly a vital question, but one I will now leave for others. The ques- tion to be considered here asks only if such an assassination would have been permissible under international law. Understood as tyrannicide (killing a tyrant) within a country, assas- sination has often been accepted as lawful. Support for such a form of assassination can be found in Aristotle's Politics, Plutarch's Lives, and Cicero's De Officiis. According to Cicero: There can be no such thing as fellowship with tyrants, nothing but bitter feud is possible: and it is not repugnant to nature to despoil, if you can, those whom it is a virtue to kill; nay, this pestilent and god- less brood should be utterly banished from human society. -
APPENDICES Appendix Ia
APPENDICES Appendix Ia. Works attributed to Plato and in England (1423-1485) No. Date Title Owner Pres. Location Reference 1423 Platonis Phaedon John Whethamstede Oxford, Corpus Coxe, II, pp. I 00--1 0 I (tr. Aristippus) (given to Duke Humfrey, and by Christi, 243, fol. 1!5• ff. Hunt, 1970, p. 8, #14 him to Oxford University) Super thimeum Platonis fol. 135' ff. (tr. Calcidius) Platonis Menon fol. !84• ff. (tr. Aristippus) 2 1439 Novam traductionem totius Duke Humfrey . London, BL Harley Hunt, 1970, p. 5, #9 politiae Platonicae (I st half 1705 London, BL, Harley cat. only); tr. P.C. Decembrio vol. I (1759) #1705 3 1441 Platonis politia (entire); Duke Humfrey; then Richard Nix, Durham D+C C.IV.3 Rud, Cat. Durham MSS p. 294 tr. P.C. Decembrio Bishop of Norwich Pers. commun. from Durham On Nix see Emden: 'Nykke' 4 1441 Republic (tr. P.C. Decembrio) Duke Humfrey Vatican, lat. I 0669 Codices Vaticani lat. IV ( 1914), pp. 638--639 Hunt, 1970, pp. 5-6, 10 Zaccaria, 1959, p. 180 5 1442 Platonis Socrates sive dialogus William Grey Oxford, Balliol 315, Mynors, 1963, pp. xxvii and 332-333 de morte (ie. Axiochus; fols. 62•-67' Hunt, 1970, p. 25, #40 tr. Cencio) 6 1444 Novam traduccionem tocius Oxford Univ. Anstey, 1868, I, p. 237 policie Platonice ~ ~ 7 1445 liber Platonis in Phedone Oxford Univ. lent to Duke Humfrey Anstey, 1868, I, p. 246 ~ (i.e. Phaedo) Vickers, p. 415, n.l., says Phaedrus (')"~ 8 1447 Socrates de morte contempnenda Henry Cranebrook London, BL, Royal!O.B.ix, Warner, I, p.