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Part B Law Enforcement, IX Permissibility of Targeted Killing as a Method of Law Enforcement

From: Targeted Killing in International Law

Nils Melzer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 May 2024

Subject(s):
Peremptory norms / ius cogens — Rule of law — Targeted killing — Terrorism — Proportionality — Military necessity
The present analysis has shown that States have the basic right and duty to take all measures necessary to uphold law and order within their jurisdiction. This essentially community-oriented obligation includes (positive aspect), but is also balanced by (negative aspect), the individual-oriented duty of States to protect and respect the right to life of all individuals under their authority or directly exposed to their conduct. While the negative aspect of this obligation prohibits that life be deprived arbitrarily, its positive aspect may even justify, in...
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