Latest in Targeted Killing: Drones

Targeted Killing

Drone Strike Errors and the Hostage Tragedy: Mapping the Issues in the Newly-Catalyzed Debate?

The use of lethal force (whether via armed drone, manned aircraft, cruise missile, helicopter assault, etc.) has been a cornerstone of U.S. counterterrorism policy for many years, both in places where we have ground combat deployments and places where we do not. Throughout this period, the legality, efficacy, wisdom, and morality of this practice has been the subject of intense scrutiny and debate. Nonetheless, the kinetic option has proven remarkably durable over time (especially as compared to its sibling, the use of non-criminal detention).

Targeted Killing: Drones

Another Response on Harold Koh

Yesterday, I published this correspondence from a government lawyer who thought I had been unfair to Harold Koh in describing his role at the State Department as being "obstructionist" with respect to the drone program. Here's another response I received, this one from someone else who observed the process and who agrees with my characterization---though with evident admiration for Koh's effectiveness and tenacity: "your piece today on Harold was spot on.

Targeted Killing

The Strange Case of Harold Koh at NYU

I would normally lay off writing about the flap that has erupted at NYU over Harold Koh's presence there. Academic politics don't interest me much. Student protests interest me even less. And student protests based on false facts that, in turn, lead to academics piously leaping to the defense of one another's virtues and students claiming intimidation . . . well, life is short.

Targeted Killing: Drones

CIA, Drone Strikes, and Public Authority: Responding to Kevin Heller

Kevin Heller and I have been debating whether the CIA drone strike targeting Anwar al-Aulaqi violated 18 USC 1119, which makes it a felony to kill American citizens overseas (to be clear, our exchange has not extended to Due Process Clause questions or to international law questions such as whether that attack related to a NIAC, etc.).

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