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The Main International Law Issues Of Using Drones Targeted Killing Terrorists Transnationally

Posted on:2018-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:C L LiuFull Text:PDF
GTID:2346330518981869Subject:Science of Law
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Terrorism is not a new something,it has existed for a long time in our history.Since 9·11 event,terrorism has been growing rapidly,which brings much mischief,many countries have taken many kinds of measures to protect national security.The current modes of counter-terrorism include law enforcement mode and armed conflict mode mainly,"terrorism" is a kind of crime,United Nations and many other countries have defined that,using law enforcement mode combating terrorism is rational,but using armed conflict mode combating terrorism has produced series of problems and disputes,one of typical performances of armed conflict mode is using drone targeted killing means to fight terrorism.After the 9·11 event,America began to use drones to kill terrorists in Afghanistan.With American targeted killing action scale expanding,and the number of country which carry out targeted killing increasing,it will cause many troubles.Some related date,process,standard of America targeted killing action is opaque,which evoke much debates among experts,scholars,and ordinary people,which involved many international law problems,such as national sovereignty,and armed conflict law and the type,and terrorists of legal status,and the drone targeted killing as the combat means of legitimacy,and targeted killing of target selecting standard and so on.This paper will combine American practice targeted killing terrorists with the related international theory,cases to study the international law problems,in particular to sovereignty disputes,armed conflict constitution's and type's problems,the legality of drone targeted killing as the means and warfare methods.Firstly,drone targeted killing is about the nations' sovereignty disputes.It is means of force,using this means transnationally may raise national sovereignty disputes.Under the current international law framework,national sovereignty disputes have three ways,which include exercising the national self-defense,and United Nations Council authorized,and sovereign nationals' consent.Secondly,drone targeted killing is about armed conflict's constitution and the type problem raising by targeted killings,the current international law rules aren't perfect,especially the type of defined problem.It needs to expand the current non-international armed conflict of connotation,and the armed conflict between Countries and terrorist groups should be included in the non-international armed conflicts.Finally,although the law of armed conflict has not been clear about this method's legality,the method itself doesn't go against the provisions of the law manifestly.Absence of Legal Prohibition Means Freedom.But we should abide by the rules of war and the weapons limited rules in the process of using this method.
Keywords/Search Tags:drone, targeted killing, 9·11 terrorist attacks, national sovereignty, armed conflict law
PDF Full Text Request
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