(Originally broadcast on October 21, 2010)
This Live Seminar will examine legal and policy challenges pertaining to the use of force outside traditional zones of military operations, including allegations of "targeted killing" and "extrajudicial killing." By reviewing recent counterterrorism operations and litigation concerning whether those operations are lawful, this Live Seminar will look into the following questions:
* How do the jus ad bellum (the law governing the resort to force) and the jus in bello (the law governing conduct of hostilities) interact, if at all, in counterterrorism operations?
* How, if at all, do contemporary counterterrorism operations affect legal standards pertaining to targeting, detention, interrogation, and fair trials?
* What characteristics -- such as temporal and geographic factors, as well as the intensity of hostilities -- determine whether a specific use of force triggers a law enforcement paradigm or a military action paradigm?
These questions will be reviewed by reference to recent counterterrorism operations involving the use of force outside traditional notions of the “battlefield."
Naz Modirzadeh (Associate Director of the Program on Humanitarian Policy and Conflict Research) and Claude Bruderlein (Director of the Program) will host the discussion.
Laurie Blank, International Humanitarian Law Clinic, Emory University School of Law
Jonathan Hafetz, Seton Hall Law School
Kevin Jon Heller, Melbourne Law School
Andrew March, Yale University
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