About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

18 New Eng. J. Int'l & Comp. L. 157 (2012)
Rules for When There Are No Rules: Examining the Legality of Putting American Terrorists in the Crosshairs Abroad

handle is hein.journals/newenjic18 and id is 159 raw text is: RULES FOR WHEN THERE ARE No RULES:
EXAMINING THE LEGALITY OF PUTTING
AMERICAN TERRORISTS IN THE
CROSSHAIRS ABROAD
TOREN G. EVERS-MUSHOVIC* & MICHAEL
HUGHES**
I. INTRODUCTION
A U.S. drone circles in the sky high above southern Yemen. From
an altitude of 18,000 feet, its infrared camera zeroes in on a remote area in
the mountainous Shabwa region of the country. Dark human outlines move
around a compound of interest that intelligence indicates houses a number
of high-ranking members of the terrorist group Al Qaeda in the Arabian
Peninsula. U.S. military personnel watch this video feed, analyze the imag-
es and decide to engage the compound. The drone releases a couple Hell-
fire missiles on the compound and then circles back to assess the strike's
effectiveness.
It is not hard to imagine such a targeted killing. This paper defines
targeted killing as the intentional slaying of a specific alleged terrorist or
group of alleged terrorists undertaken with explicit government approval
when the terrorist or group of terrorists cannot be arrested.' Since the at-
* Lieutenant, Judge Advocate General's Corps, United States Navy. B.A., Tulane Universi-
ty; J.D., UCLA School of Law. The co-author has served as an Appellate Defense
Counsel, Trial Defense Counsel and Staff Judge Advocate at Multi-National Force
Iraqi. The views expressed in this article are the author's and do not necessarily
represent those of the Judge Advocate General's Corps, the U.S. Navy, or the
Department of Defense. He would like to thank his wife, Roni, for her extraordinary
patience, support, and guidance during the drafting of this article, and Captain Eric
Price, JAGC, USN, for his advice.
** Lieutenant, Judge Advocate General's Corps, United States Navy. B.A., University of

157

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most