Re-Evaluating the Efficacy of Targeted Killing Zachary Cleary
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Case 1:15-Cv-01954-CM Document 46 Filed 10/03/15 Page 1 of 50
Case 1:15-cv-01954-CM Document 46 Filed 10/03/15 Page 1 of 50 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ................................................................................ x AMERICAN CIVIL LIBERTIES UNION and THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs, v. 15 Civ. 1954 (CM) U.S. DEPARTMENT OF JUSTICE, including its components the OFFICE OF LEGAL COUNSEL and OFFICE OF INFORMATION POLICY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, and CENTRAL INTELLIGENCE AGENCY, Defendants. ................................................................................ x CONSOLIDATED MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT, AND IN SUPPORT OF DEFENDANTS’ CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT Case 1:15-cv-01954-CM Document 46 Filed 10/03/15 Page 2 of 50 TABLE OF CONTENTS PAGE PRELIMINARY STATEMENT .....................................................................................................2 BACKGROUND .............................................................................................................................3 ARGUMENT ...................................................................................................................................5 I. THE DEFENDANT AGENCIES AND COMPONENTS CONDUCTED REASONABLE SEARCHES..................................................................................7 II. THE WITHHELD DOCUMENTS AND INFORMATION ARE EXEMPT FROM DISC LOSURE UNDER FOIA ................................................11 A. The Government -
Targeted Killing: Self-Defense, Preemption, and the War on Terrorism
Journal of Strategic Security Volume 2 Number 2 Volume 2, No. 2: May 2009 Article 1 Targeted Killing: Self-Defense, Preemption, and the War on Terrorism Thomas Byron Hunter Follow this and additional works at: https://scholarcommons.usf.edu/jss Part of the Defense and Security Studies Commons, National Security Law Commons, and the Portfolio and Security Analysis Commons pp. 1-52 Recommended Citation Hunter, Thomas Byron. "Targeted Killing: Self-Defense, Preemption, and the War on Terrorism." Journal of Strategic Security 2, no. 2 (2010) : 1-52. DOI: http://dx.doi.org/10.5038/1944-0472.2.2.1 Available at: https://scholarcommons.usf.edu/jss/vol2/iss2/1 This Article is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Journal of Strategic Security by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Targeted Killing: Self-Defense, Preemption, and the War on Terrorism Abstract This paper assesses the parameters and utility of “targeted killing” in combating terrorism and its role within the norm of state self-defense in the international community. The author’s thesis is that, while targeted killing provides states with a method of combating terrorism, and while it is “effective” on a number of levels, it is inherently limited and not a panacea. The adoption and execution of such a program brings with it, among other potential pitfalls, political repercussions. Targeted killing is defined herein as the premeditated, preemptive, and intentional killing of an individual or individuals known or believed to represent a present and/or future threat to the safety and security of a state through affiliation with terrorist groups or individuals. -
The Annals of Unsolved Crime by Edward Jay Epstein Isbn: 9781612190488
THE ANNALS OF UNSOLVED CRIME BY EDWARD JAY EPSTEIN ISBN: 9781612190488 Available at mhpbooks.com and wherever books are sold. THE ANNALS OF UNSOLVED CRIME BY EDWARD JAY EPSTEIN MELVILLE HOUSE BROOKLYN • LONDON CONTENTS PREFACE 5 PART ONE “LONERS”: BUT WERE THEY ALONE? 1. The Assassination of President Lincoln 21 2. The Reichstag Fire 29 3. The Lindbergh Kidnapping 35 4. The Assassination of Olof Palme 43 5. The Anthrax Attack on America 47 6. The Pope’s Assassin 59 PART TWO SUICIDE, ACCIDENT, OR DISGUISED MURDER? 7. The Mayerling Incident 65 8. Who Killed God’s Banker? 69 9. The Death of Dag Hammarskjöld 97 10. The Strange Death of Marilyn Monroe 103 11. The Crash of Enrico Mattei 109 12. The Disappearance of Lin Biao 113 13. The Elimination of General Zia 117 14. The Submerged Spy 131 PART THREE COLD CASE FILE 15. Jack the Ripper 139 16. The Harry Oakes Murder 145 17. The Black Dahlia 151 18. The Pursuit of Dr. Sam Sheppard 155 19. The Killing of JonBenet Ramsey 161 20. The Zodiac 165 21. The Vanishing of Jimmy Hoffa 169 2 EDWARD JAY EPSTEIN PART FOUR CRIMES OF STATE 22. Death in Ukraine: The Case of the Headless Journalist 177 23. The Dubai Hit 189 24. The Beirut Assassination 195 25. Who Assassinated Anna Politkovskaya? 201 26. Blowing Up Bhutto 205 27. The Case of the Radioactive Corpse 209 28. The Godfather Contract 231 29. The Vanishings 237 PART FIVE SOLVED OR UNSOLVED? 30. The Oklahoma City Bombing 245 31. The O. J. -
Just & Unjust Targeted Killing & Drone Warfare
Just & Unjust Targeted Killing & Drone Warfare Michael Walzer Abstract: Targeted killing in the “war on terror” and in war generally is subject to familiar and severe moral constraints. The constraints hold across the board; they don’t change when drones are the weapon of choice. But the ease with which drones can be used, the relative absence of military risks and political costs, makes it especially tempting not only to use drones more and more, but also to relax the constrain- ing rules under which they are used. It seems clear that the rules have, in fact, been relaxed in the course of the American experience with drone warfare–by presidential decision and without public debate. This essay is an argument for the opening up of the decision process to democratic scrutiny and in defense of the familiar constraints. It is always a hard question whether new technolo- gies require the revision of old arguments. Targeted killing isn’t new, and I am going to repeat an old ar- gument about it. But targeted killing with drones? Here the old argument, though it still makes sense, leaves me uneasy. First things first. Untargeted killing, random kill- ing, the bomb in the supermarket, café, or bus station: we call that terrorism, and its condemnation is criti- cally important. No qualifications, no excuses: this is MICHAEL WALZER , a Fellow of wrongfulness of the first order. We need to be firm in the American Academy since 1971, is Professor Emeritus of Social Sci- rejecting all apologetic efforts on behalf of terrorists. ence at the Institute for Advanced But someone who takes aim at a particular person, a Study. -
Escalation Control and the Nuclear Option in South Asia
Escalation Control and the Nuclear Option in South Asia Michael Krepon, Rodney W. Jones, and Ziad Haider, editors Copyright © 2004 The Henry L. Stimson Center All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without prior permission in writing from the Henry L. Stimson Center. Cover design by Design Army. ISBN 0-9747255-8-7 The Henry L. Stimson Center 1111 19th Street NW Twelfth Floor Washington, DC 20036 phone 202.223.5956 fax 202.238.9604 www.stimson.org Table of Contents Preface ................................................................................................................. v Abbreviations..................................................................................................... vii Introduction......................................................................................................... ix 1. The Stability-Instability Paradox, Misperception, and Escalation Control in South Asia Michael Krepon ............................................................................................ 1 2. Nuclear Stability and Escalation Control in South Asia: Structural Factors Rodney W. Jones......................................................................................... 25 3. India’s Escalation-Resistant Nuclear Posture Rajesh M. Basrur ........................................................................................ 56 4. Nuclear Signaling, Missiles, and Escalation Control in South Asia Feroz Hassan Khan ................................................................................... -
The Evolution of Law and Policy for CIA Targeted Killing
09__RADSAN__MURPHY_V12_01-09-12.DOCX (DO NOT DELETE) 2/9/2012 3:54 PM The Evolution of Law and Policy for CIA Targeted Killing Afsheen John Radsan* and Richard Murphy** INTRODUCTION Just suppose. The Attorney General, lanky as the President, walks into the Oval Office to join a meeting. The top law enforcement officer is slumped down with apparent bad news. He avoids eye contact with the Commander-in-Chief. “Mr. President,” he says looking down at the coffee table, “the ACLU believes our drone program is illegal.” Silence. (The President and the Attorney General both, of course, maintain links to the human rights community, an important part of their political base.) The President’s other advisers fidget and twitch. The Vice President adjusts the coaster under his drink. Beads of perspiration form on some faces. The Secretary of State and the Secretary of Defense look for the exit; the law is not their thing. The President is cool. “Could you be more specific,” he says, tapping his finger on a black briefing book. The Attorney General looks up from the table. “The drone strikes in Pakistan. Remember, the program Leon was not supposed to talk about with the media.”1 The President smiles. “Yes, I know that. But which laws are they talking about?” After an awkward pause, the President, himself a highly sophisticated lawyer, suggests, “Let’s talk this through some more.” The Attorney General agrees. After the lawyer-to-lawyer exchange, the other advisers relax. Maybe the CIA drone strikes are not illegal after all. Or maybe the apparent illegality does not matter that much. -
Extrajudicial Killing with Near Impunity: Excessive Force by Israeli Law Enforcement Against Palestinians
\\jciprod01\productn\B\BIN\35-1\BIN104.txt unknown Seq: 1 7-FEB-17 13:24 EXTRAJUDICIAL KILLING WITH NEAR IMPUNITY: EXCESSIVE FORCE BY ISRAELI LAW ENFORCEMENT AGAINST PALESTINIANS Emily Schaeffer Omer-Man* I. INTRODUCTION ............................................ 116 R II. RECENT ALLEGED EXTRAJUDICIAL KILLINGS IN ISRAEL- PALESTINE ................................................ 119 R III. A PATTERN OF EXCESSIVE FORCE AGAINST PALESTINIANS ............................................. 135 R A. Arenas of Excessive Violence against Palestinians ...... 136 R B. The Disparity in Law Enforcement Responses to Palestinians versus Jews ............................... 140 R * The author holds a JD from the University of California, Berkeley School of Law (Boalt), and is an American-Israeli human rights attorney at the Michael Sfard Law Office in Tel Aviv, where she currently serves as senior counsel and acting director. She has been a member of the legal team of Israeli human rights NGO, Yesh Din, for over a decade, and for the last eight years has served as Legal Director of the organization’s Accountability of Security Personnel project. In that capacity, she has represented over 500 Palestinian victims of alleged crimes committed against them or their property by Israeli police, soldiers, and other security personnel. The author is also a legal advisor to Israeli NGOs Breaking the Silence and Peace Now, among others, and represents individuals and communities in bringing human rights claims before the Israeli courts, specializing in International Humanitarian Law and International Human Rights Law and their application to the territories occupied by Israel in 1967. The author wishes to express her gratitude to Shelley Cavalieri, Miri Sharon and Michael Schaeffer Omer-Man for their excellent comments and feedback on previous drafts of this Article, as well as to the remarkable editors of the Boston University International Law Journal for their collaboration on this project and their dedication to bringing this important issue to light. -
Joint Force Quarterly, Issue
Issue 100, 1st Quarter 2021 Countering Chinese Coercion Remotely Piloted Airstrikes Logistics Under Fire JOINT FORCE QUARTERLY ISSUE ONE HUNDRED, 1 ST QUARTER 2021 Joint Force Quarterly Founded in 1993 • Vol. 100, 1st Quarter 2021 https://ndupress.ndu.edu GEN Mark A. Milley, USA, Publisher VADM Frederick J. Roegge, USN, President, NDU Editor in Chief Col William T. Eliason, USAF (Ret.), Ph.D. Executive Editor Jeffrey D. Smotherman, Ph.D. Senior Editor and Director of Art John J. Church, D.M.A. Internet Publications Editor Joanna E. Seich Copyeditor Andrea L. Connell Book Review Editor Brett Swaney Creative Director Marco Marchegiani, U.S. Government Publishing Office Advisory Committee BrigGen Jay M. Bargeron, USMC/Marine Corps War College; RDML Shoshana S. Chatfield, USN/U.S. Naval War College; BG Joy L. Curriera, USA/Dwight D. Eisenhower School for National Security and Resource Strategy; Col Lee G. Gentile, Jr., USAF/Air Command and Staff College; Col Thomas J. Gordon, USMC/Marine Corps Command and Staff College; Ambassador John Hoover/College of International Security Affairs; Cassandra C. Lewis, Ph.D./College of Information and Cyberspace; LTG Michael D. Lundy, USA/U.S. Army Command and General Staff College; MG Stephen J. Maranian, USA/U.S. Army War College; VADM Stuart B. Munsch, USN/The Joint Staff; LTG Andrew P. Poppas, USA/The Joint Staff; RDML Cedric E. Pringle, USN/National War College; Brig Gen Michael T. Rawls, USAF/Air War College; MajGen W.H. Seely III/Joint Forces Staff College Editorial Board Richard K. Betts/Columbia University; Eliot A. Cohen/The Johns Hopkins University; Richard L. -
Case Notes the Public Committee Against Torture in Israel V the Government of Israel*
CASE NOTES THE PUBLIC COMMITTEE AGAINST TORTURE IN ISRAEL V THE GOVERNMENT OF ISRAEL* THE ISRAELI HIGH COURT OF JUSTICE TARGETED KILLING DECISION Case Note: Targeted Killing Decision CONTENTS I Introduction A Israel’s Policy of Targeted Killing B Background to the Case C Main Focus and Structure of the Note II Summary of Judgment A Factual Background B The General Normative Framework 1 International Armed Conflict 2 Combatants 3 Civilians 4 Review by the Court III Critique of Selected Issues A Four-Fold Test 1 Well-Based Information 2 Less Drastic Measures 3 Investigations 4 Proportionality B Adequacy of the Four-Fold Test IV Conclusion I INTRODUCTION A Israel’s Policy of Targeted Killing On 9 November 2000, Hussein ‘Abayat, a senior Fatah Tanzim activist, was driving his car on a busy street in his village in the West Bank. An Israel Defence Forces (‘IDF’) helicopter fired three missiles at him, killing him and two women, Rahma Shahin and ‘Aziza Muhammad Danun, who were standing outside a house.1 ‘Abayat’s killing, less than two months after the al-Aqsa * The Public Committee Against Torture in Israel v The Government of Israel (2006) HCJ 769/02 (‘PCATI’), available in English from <http://elyon1.court.gov.il/eng/home/ index.html> at 18 October 2007. 1 Yael Stein, Israel’s Assassination Policy: Extra-Judicial Executions (B’Tselem Position Paper, January 2001) (Maya Johnston trans, 2001) 1. Melbourne Journal of International Law [Vol 8 Intifada began, marked the start of Israel’s policy of targeted killings.2 Israel has since publicly confirmed that the practice of targeted killings occurs under government orders. -
When Targeted Killing Is Not Permissible: an Evaluation of Targeted Killing Under the Laws of War and Morality
COMMENTS WHEN TARGETED KILLING IS NOT PERMISSIBLE: AN EVALUATION OF TARGETED KILLING UNDER THE LAWS OF WAR AND MORALITY Melanie J. Foreman* ABSTRACT The purpose of this Comment is to provide a philosophical commentary on the morality of targeted killing under the laws of war, particularly when the United States turns its sights on its own citizens. Although the conclusions drawn are largely antithetical to current practices, they provide a further critique in the broader discussion of targeted killing. This Comment posits that due process can never be adequately satisfied when targeted killing is turned against one’s own citizens. The moral implications associated with targeting one’s own citizens should not be allowed; rather than defer to International Humanitarian Law, a human rights model as well as domestic law should be used in assessing the United States’ targeted killing of American citizens, as these models allow for the utmost preservation of the lives of those being targeted. TABLE OF CONTENTS INTRODUCTION ............................................................................. 922 I. BACKGROUND: JUST WAR THEORY AND THE CASE OF AL- AULAQI ................................................................................... 925 II. STATUS: THE PRINCIPLE OF DISTINCTION BETWEEN COMBATANTS AND NON-COMBATANTS .................................. 927 A. Status in the War on Terror .......................................... 927 B. Terrorists Are Combatants ............................................ 928 1. Against Terrorists as -
Targeted Killings: Evaluating the Effectiveness of a Counterterrorism Policy 1
Bank of Israel Research Department Targeted Killings: Evaluating the Effectiveness of a Counterterrorism Policy 1 by Asaf Zussman * Noam Zussman ** Discussion Paper No. 2005.02 January 2005 1 The paper was updated and edited on October 2005. A condensed version is forthcoming in the Journal of Economic Perspectives. For their assistance with the data we thank Yoni Fighel, Shalom Harari, and Yochanan Tzoreff of the International Policy Institute for Counterterrorism and Arnon Regular and Dani Rubinstein of the newspaper Ha’aretz. We thank Isaac Ben-Israel, Steve Coate, Jeremy Pressman, Enrico Spolaore, Tim Vogelsang, Romain Wacziarg, Amos Zehavi, and participants of presentations at the Bank of Israel, Cornell Univ ersity, SUNY Binghamton, Te l Aviv University, and the 2005 American and Israeli Economic Association meetings for helpful comments and suggestions. * Economics Department, Cornell Universi ty. E-mail: [email protected]. ** Research Department, Bank of Israel. E-mail: [email protected]. Any views expressed in the Discussion Paper Series are those of the authors and do not necessarily reflect those of the Bank of Israel. 91007 , 780 " , Research Department, Bank of Israel, POB 780, Jerusalem 91007, Israel Abstract targeted killing (henceforth assassinati on) of members of Palestinian terrorist organizations was a major element in Israel’s counterterrorism effort during the Palestinian uprising which started in 2000. We evaluate the effectiveness of this policy indirectly by examining Israeli stock market reactions to assassinations. Our approach relies on the assumption that the market should react positively to news of effective counterterrorism measures but negatively to news of counterproductive ones. The main result of the analysis is that the market reacts strongly to assassinations of senior members in Palestinian terrorist organizations: it declines following attempts to assassinate political leaders but rises following attempts to assassinate military ones. -
Recalibrating NATO Nuclear Policy
Recalibrating NATO Nuclear Policy Edited by Andrea Gilli No. 10 June 2020 Recalibrating NATO Nuclear Policy Edited by Andrea Gilli NDC Research Paper No.10 – June 2020 iv NATO DEFENSE COLLEGE NATO Defense College Cataloguing in Publication-Data: Recalibrating NATO Nuclear Policy (NATO Defense College “NDC Research Papers Series”) NDC Research Paper 10 Edited by Andrea Gilli Copy-editing: Mary Di Martino Series editor: Thierry Tardy ISSN: 2618-0057 ISSN (online): 2618-0251 NDC 2020 The NATO Defense College applies the Creative Common Licence “Attribution-NonCommercial-NoDerivs’ (CC-BY-NC-ND) Limited copies of this NDC Research Paper are available and may be obtained directly from NATO Defense College, Research Division Via Giorgio Pelosi, 1 - 00143 Rome, Italy Fax +39-06-50 52 57 97 E-mail: [email protected] Website: http://www.ndc.nato.int Follow us on twitter: https://twitter.com/NDC_Research Printed and bound by http://www.lightskyconsulting.com/ The views expressed in this NDC Research Paper are the responsibility of the authors and do not necessarily refl ect the opinions of the NATO Defense College, the North Atlantic Treaty Organization, or any other institution represented by the contributors. Note by the editor This Research Paper is the product of the first edition of the Early-Career Nuclear Strategists Workshop (ECNSW) held in July 2019 at the NATO Defense College (NDC) and organized in cooperation with the Nuclear Policy Directorate of NATO HQ. The ECNSW aims to bring together emerging and established scholars as well as policy-makers to foster research, discussion and understanding on issues related to nuclear deterrence and arms control.