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Counterinsurgency LawNew Directions in Asymmetric Warfare$
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William Banks

Print publication date: 2013

Print ISBN-13: 9780199941445

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199941445.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 January 2021

The Use of Force Regime and Unconventional Threats

The Use of Force Regime and Unconventional Threats

Anwar Al-Awlaki as a Case Study

(p.162) 9 The Use of Force Regime and Unconventional Threats
Counterinsurgency Law

Robert Chesney

Oxford University Press

This chapter examines whether the use of force in international affairs violates UN Charter rules by focusing on the United States's targeted killing of Anwar al-Awlaki, a dual Yemeni-American citizen who had taken on an operational leadership role within al Qaeda in the Arabian Peninsula and was a leading English-language proponent of violent jihad against Americans. Awlaki was killed in a U.S. airstrike in Yemen in 2011. The chapter casts aside the human rights law, international humanitarian law, and U.S. constitutional questions associated with the Awlaki operation and turns instead to the UN Charter and its rules governing the use of armed force in international affairs. It discusses the principles of necessity and proportionality as elements of self-defense spelled out in Article 51 of the UN Charter and argues that consent by the Yemeni government or Article 51 provided adequate authority for the United States to target Awlaki.

Keywords:   use of force, international affairs, UN Charter, United States, targeted killing, Anwar al-Awlaki, al Qaeda in the Arabian Peninsula, Yemen, proportionality, self-defense

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