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Measure Twice, Shoot Once: Higher Care for CIA-Targeted Killing

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dc.contributor.author Murphy, Richard
dc.date.accessioned 2012-07-19T21:28:16Z
dc.date.available 2012-07-19T21:28:16Z
dc.date.issued 2011
dc.identifier.citation 2011 U. Ill. L. Rev. 1201 en_US
dc.identifier.uri http://hdl.handle.net/10601/1914
dc.description Co-authored by Afsheen John Radsan en_US
dc.description.abstract Killer drones are the future of warfare. Their use, viewed from one angle, generates few legal problems insofar as drones merely provide another tool for the longstanding military practice of killing enemies from the air. Yet, since the drone’s extraordinary capabilities have greatly expanded the government’s range for finding, tracking, and killing human targets in Afghanistan, Pakistan, and other places, commentators debate whether it is legal to kill suspected terrorists in self-defense or as part of an armed conflict - or whether America’s targeted killing is murder. Assuming international humanitarian law (IHL) applies, we develop specific regulations for the CIA’s targeted killing of active members of al Qaeda and the Taliban. Our analysis complements a prior article that applied the enemy-combatant cases from the United States Supreme Court (Hamdi and Boumediene) as a parallel path toward internal due process. Whether through IHL or by American due process, we argue for heightened review from the CIA’s Inspector General. To honor IHL’s principles of distinction and military necessity, we explain why the drone operator must be sure beyond a reasonable doubt that the trigger is being pulled on a functional enemy combatant. To honor IHL’s principle of precaution, we also explain why the CIA’s Inspector General must review every CIA drone strike, including the agency’s compliance with a checklist of standards and procedures for the drone program. To reach these conclusions, we adopt guidance from the International Committee of the Red Cross on who falls within the category of people “directly participating in hostilities,” subjecting them to targeting, and we apply techniques from American administrative law. We also consider targeting American citizens. A program that establishes a very high certainty for targeting as well as a “hard-look” after each strike helps ensure fairness and accuracy regardless of the citizenship of the people in the cross-hairs. In today’s language of IHL, these are “feasible precautions” for the remote-control weapons of the new century.
dc.language.iso en_US en_US
dc.publisher University of Illinois Law Review
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/unilllr2011&collection=journals&index=journals/unilllr1209&id=1209
dc.relation.uri https://a.next.westlaw.com/Document/I245f4796d84d11e08b05fdf15589d8e8/View/FullText.html
dc.subject Drones en_US
dc.subject Targeted killing en_US
dc.subject Central Intelligence Agency en_US
dc.subject International humanitarian law en_US
dc.title Measure Twice, Shoot Once: Higher Care for CIA-Targeted Killing en_US
dc.type Article en_US

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