Volume 16, Issue 4 (2012)                   CLR 2012, 16(4): 1-30 | Back to browse issues page

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Ahani Amineh1* M, Zarif2 M J. Targeted Killing, Conflicted Principals in Law and International Relations. CLR 2012; 16 (4) :1-30
URL: http://clr.modares.ac.ir/article-20-10002-en.html
1- 1. Ph.D. student, Department of International Relations, Science and Technology University of Isfahan, Iran
2- 2. Ph.D. in International Relations, Denver University, Denver, United States, America
Abstract:   (7328 Views)
            Following the September 11, 2001 event, Gorge W. Bush announced the “War on Terror”. Initially, it was not so clear that what Bush meant. Previously, the term “war” was regarded to a conflict between two states, whereas in “War on Terror”, one side of the conflict is not a state, but a non-governmental organization or non-governmental entities. So, after attacking on Afghanistan and Iraq, establishing of Guantanamo Detention Center, and launching of Targeted killing of Al-Qaeda’s members, gradually it become clear that what Bush meant. Governing of the International Humanitarian Law (Law of War) in conflict with terror, including detention of Al-Qaeda’s members out of supervision of international legal institutions, recalling preemptive self-defense in attacking to Afghanistan and Iraq, and finally, Targeted Killing, was among the reasons for calling “War” on the conflict with terrorist organizations. Scholars and experts of International Terrorism belive terror is a phenomenon of criminal, not as an armed conflict under the Law of War. In this article, beside deliberating the different of extra-territorial targeted killing of Al-Qaeda’s members, it is reviewed from the viewpoint of the international law, governing to conflict with terror, whether Human Law or International Humanitarian Law. Finally, the legitimacy or lack of legitimacy of targeted killing with drone fighters from the international Law prospect would be declared.    .    
 
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Received: 2012/12/22 | Accepted: 2013/02/19 | Published: 2013/03/13

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