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Link: http://www.foreignpolicy.com/articles/2009/07/13/licence_to_kill?page=0,0
License to Kill- Foreign Policy Magazine
When I advised the Israel Defense Forces, here’s how we decided if targeted kills were legal – or not. By Amos N. Guiora is professor of Law at the SJ Quinney College of Law at the University of Utah; he served for 19 years in the Israel Defense Forces, Judge Advocate General’s Corps.
Washington is abuzz over a recent report in the Wall Street Journal saying that former U.S. President George W. Bush had authorized the “capture or kill al Qaeda operatives,” and that “the CIA also examined the subject of targeted assassinations of al Qaeda leaders,” though it’s not clear if the two initiatives are related.
More… The revelations are sure to set off a renewed debate in the United States over the legality, utility, and morality of killing terrorists. I know a few things about this topic, because between 1994 and 1997, I advised Israel Defense Forces’ (IDF) commanders regarding targeted killings as the IDF legal advisor to the commander of the Gaza Strip. To be clear: the decision to strike was the commander’s. As the legal advisor, I provided just that: legal advice.
So, here’s my legal advice for the United States as the Washington debate heats up: Counterterrorism, in civil democratic regimes, must be rooted in the rule of law, morality in armed conflict, and an analysis of policy effectiveness. There can be no “ifs, ands, or buts.”
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