Targeted Killing
The White Paper and Due Process
The problems that Rick recently identified with how both the DOJ White Paper and its critics treat the concept of "imminence" --- specifically, that they are borrowing a concept generated in a domestic law context that depends on a set of institutions and structures that don’t exist in the international sphere, without acknowledging the problems with doing so --- parallels an issue in the White Paper's discussion of due process. I think the issue has gone largely overlooked on the due process side. I want to lay it out here.