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Jack McDonald - Ethics, Law and Justifying Targeted Killings: The Obama Administration at War

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Jack McDonald Ethics, Law and Justifying Targeted Killings: The Obama Administration at War
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This book examines the normative debates around the American use of targeted killings.It questions whether the Obama administrations defence of its use of targeted killings is cohesive or hypocritical. In doing so, the book departs from the disciplinary purpose of international law, constitutional law and the just war tradition and instead examines discipline-specific defences of targeted killings to identify their requisite normative principles in order to compare these norms across disciplines. The methodology used in this book means that it argues that targeted killings are only defensible as acts of war, but it also highlights the normative role of accountability and responsibility in this defence. In doing so, it offers an argument that the use of pattern of life killings by the CIA falls outside the defence offered by the Obama administration, but that this same type of targeting could be used by the military due to differing standards/mechanisms of responsibility assignment in these organisations. The book thus provides a way of investigating contemporary wars where the conduct of war lacks the traditional hallmarks of conventional warfare. Furthermore, by drawing attention to differing normative concepts that underpin competing interpretations of law and morality, it provides a way of analysing contemporary political violence in an interdisciplinary fashion without seeking to displace single disciplinary study.This book will be of much interest to students of military studies, ethics of war, foreign policy, international security and IR.

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Ethics, Law and Justifying Targeted Killings
This book examines the normative debates surrounding the US use of targeted killings.
It questions whether the Obama administrations defence of its use of targeted killings is cohesive or hypocritical. In doing so, the book departs from the disciplinary purpose of international law, constitutional law and the just war tradition and instead examines discipline-specific defences of targeted killings to identify their requisite normative principles in order to compare these norms across disciplines. The methodology used in this book means that it argues that targeted killings are only defensible as acts of war, but it also highlights the normative role of accountability and responsibility in this defence. In doing so, it offers an argument that the use of pattern of life killings by the CIA falls outside the defence offered by the Obama administration, but that this same type of targeting could be used by the military due to differing standards/mechanisms of responsibility assignment in these organisations. The book thus provides a way of investigating contemporary wars where the conduct of war lacks the traditional hallmarks of conventional warfare. Furthermore, by drawing attention to differing normative concepts that underpin competing interpretations of law and morality, it provides a way of analysing contemporary political violence in an interdisciplinary fashion without seeking to displace single disciplinary study.
This book will be of much interest to students of military studies, ethics of war, foreign policy, international security and IR.
Jack McDonald is a teaching and research fellow at the Centre for Science & Security Studies, part of the Department of War Studies at Kings College London, and has a PhD in War Studies.
Contemporary Security Studies
Series Editors: James Gow and Rachel Kerr
Kings College London
This series focuses on new research across the spectrum of international peace and security, in an era where each year throws up multiple examples of conflicts that present new security challenges in the world around them.
Mechanistic Realism and US Foreign Policy
A new framework for analysis
Johannes Gullestad R
Prosecuting War Crimes
Lessons and legacies of the International Criminal Tribunal for the former Yugoslavia
Edited by James Gow, Rachel Kerr and Zoran Paji
The NATO Intervention in Libya
Lessons learned from the campaign
Edited by Kjell Engelbrekt, Marcus Mohlin and Charlotte Wagnsson
Truth Recovery and Transitional Justice
Deferring human rights issues
Iosif Kovras
Reconstructing Afghanistan
Civil-military experiences in comparative perspective
Edited by William Maley and Susanne Schmeidl
Strategic Narratives, Public Opinion and War
Winning domestic support for the Afghan War
Edited by Beatrice De Graaf, George Dimitriu and Jens Ringsmose
Liberal Wars
Anglo-American strategy, ideology, and practice
Edited by Alan Cromartie
Prosecuting Slobodan Miloevi
The unfinished trial
Nevenka Tromp
Media Strategy and Military Operations in the 21st Century
Mediatizing the Israel Defence Force
Michal Shavit
Ethics, Law and Justifying Targeted Killings
The Obama administration at war
Jack McDonald
First published 2017
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2017 Jack McDonald
The right of Jack McDonald to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging- in-Publication Data
Names: McDonald, Jack, Ph.D.
Title: Ethics, law and justifying targeted killings : the Obama
administration at war / Jack McDonald.
Description: Abingdon, Oxon ; New York, NY : Routledge, 2017. | Series:
Contemporary security studies | Includes bibliographical references and
index.
Identifiers: LCCN 2016007786| ISBN 9781138645790 (hardback) |
ISBN 9781315627953 (ebook)
Subjects: LCSH: Targeted killing (International law) | Targeted killing
United States. | United StatesPolitics and government2009
Classification: LCC KZ6373.2 .M33 2017 | DDC 343.73/018414dc23
LC record available at http://lccn.loc.gov/2016007786
ISBN: 978-1-138-64579-0 (hbk)
ISBN: 978-1-315-62795-3 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
To Maggie, for all the books.
Contents
ACLUAmerican Civil Liberties Union
AQAPAl-Qaeda in the Arabian Peninsula
AUMFAuthorization for the Use of Military Force
CIACentral Intelligence Agency
EOExecutive Order
FBIFederal Bureau of Investigation
ICCInternational Criminal Court
ICCPRInternational Covenant on Civil and Political Rights
ICJInternational Court of Justice
ICRCInternational Committee of the Red Cross
IDFIsrael Defense Forces
IHLinternational humanitarian law
IHRLinternational human rights law
IPCCIndependent Police Complaints Commission
IRAIrish Republican Army
ISRIntelligence, Surveillance and Reconnaissance
JCSJoint Chiefs of Staff
JSOCJoint Special Operations Command
NGOnon-governmental organisation
NIACnon-international armed conflict
NSANational Security Agency
NSCNational Security Council
ROErule of engagement
SASSpecial Air Service
SCISupreme Court of Israel
UAVunmanned aerial vehicle
UCMJUniform Code of Military Justice
UNUnited Nations
UNSCUnited Nations Security Council
WPRWar Powers Resolution
This book, and any flaws that it may contain, are mine, but it would not exist without the support and help of my friends, family and colleagues. I would like to thank John Gearson and Michael Rainsborough, who supervised the thesis on which this book is built. Much of the time dedicated to transforming my PhD into a book was spent working with James Gow, Rachel Kerr and Guglielmo Verdirame on the ESRC-funded project SNT Really Makes Reality: Technological Innovation, Non-Obvious Warfare and the Challenges to International Law (ES/K011413/1), and so I would also like to thank the Economic and Social Research Council for funding the post that allowed me to engage with these ideas at length. Lastly, I would like to thank the staff at the Library of Congress, the Franklin D. Roosevelt Presidential Library and Museum, and the US Navys Naval History and Heritage Command archive in Washington, DC. Thanks must also go to Ryan Evans, for letting me crash on his couch while rooting through archives, and to Yury Shats, for letting me do the same in New York City.
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