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The War on Terror and the Laws of WarA Military Perspective$
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Geoffrey S. Corn, James A. Schoettler, Jr., Dru Brenner-Beck, Victor M. Hansen, Dick Jackson, Eric Talbot Jensen, and Michael W. Lewis

Print publication date: 2015

Print ISBN-13: 9780199941452

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199941452.001.0001

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Targeting of Persons and Property

Targeting of Persons and Property

3 Targeting of Persons and Property
The War on Terror and the Laws of War

Eric T. Jensen

Oxford University Press

This chapter begins by analyzing the current law on targeting in armed conflict. It then considers the unique issues of targeting involved in the war on terror, including the difficulties associated with targeting individuals who are not members of armed forces and who may not be currently involved in active hostilities or residing in an area of active hostilities. It also considers the use of drones, and analyzes not only the legal but also the policy issues associated with the United States’ current targeting methodology. The chapter considers presidential administration statements on the targeting of terrorists abroad, particularly those related to the use of drones, and analyzes the legal approach. The chapter also considers briefly the potential use of drones or other targeting methods against terrorists within the United States.

Keywords:   targeting, combatants, civilians, “hot” battlefield, noninternational armed conflict, drones

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