Targeted Killing: Drones

The U.S. Court of Appeals for the D.C. Circuit today handed down an opinion dismissing a suit filed by the family members of individuals reportedly killed in a U.S. drone strike in Yemen in 2012, which the plaintiffs allege was conducted in violation of domestic and international law. Though the court dismissed the case as presenting a non-justiciable political question, Judge Janice Rogers Brown's concurrence presents a strong criticism of the existing oversight regime for targeted killing.

The opinion is available in full below.

In an extensive interview with Jonathan Chait, the president expressed some telling comments on the targeted killing program as the end of his time in office draws near.

This document was released yesterday. I haven't read it yet, but it is entitled "Procedures for Approving Direct Action Against Terrorist Targets Located Outside the United States and Areas of Active Hostilities" and appears to be a redacted version of the internal policy document that President Obama issued in connection with his May 23, 2013 speech on drone strikes.

To assess the legality of U.S. targeting, it is crucial to know where the PPG does and does not apply. Yet to date, as commentators have noted, no clear definition has been given for the term that provides the key to this issue.