Every American adult knows what an armed conflict is. The U.S. is engaged in armed conflict in Afghanistan and Libya. It engaged in combat in Iraq from 2003-2011. Thus, every American knows that the U.S. is not engaged in an armed conflict in Yemen - not a real armed conflict. Nevertheless, President Obama placed an American citizen in Yemen on a kill list. Anwar al-Awlaki and several other people were killed on September 20 by a “barrage” of missiles launched from drones operated by the CIA.
The president and his officials know that it is unlawful to kill persons in this way outside of armed conflict hostilities. So they have been asserting the U.S. is in a worldwide “armed conflict with al Qaeda, the Taliban and associated forces.” This assertion defies common sense. So officials also assert we have a right to kill persons who pose an “imminent” threat under the law of self-defense. In fact, the law of self-defense, found in the U.N. Charter, permits force in self-defense on the territory of a state if the state is responsible for a significant armed attack. Yemen is not responsible for any significant armed attacks.
So are we seeing a repeat of the famous “torture memo” strategy? Arguments are being asserted that are just plausible enough to keep Congress, the courts and U.S. allies at bay so targeted killing can continue. Where we once debated the legality, morality and effectiveness of “harsh interrogation methods”, we now discuss the legality of intentionally killing of suspected terrorists far from any actual armed conflict hostilities. In other words, the end justifies the means, especially with a plausible-sounding legal cover story.
-- Mary Ellen O'Connell's "Killing Awlaki was illegal, immoral and dangerous" (CNN).
