Gezielte Tötung: Unterschied zwischen den Versionen

208 Bytes hinzugefügt ,  21:31, 30. Sep. 2015
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== Weblinks und Literatur ==
== Weblinks und Literatur ==
*[http://www.welt.de/politik/ausland/article106405037/Barack-Obama-der-Herrscher-ueber-die-Todesliste.html Becker, Jo & Scott Shane (2012) Barack Obama, der Herrscher über die Todesliste. Die Welt 02.06.)]
*[http://www.ejiltalk.org/on-preventive-killing/ Bhuta, Nehal (2015) On Preventive Killing, in: EJIL: Talk!]
*[http://www.ejiltalk.org/on-preventive-killing/ Bhuta, Nehal (2015) On Preventive Killing, in: EJIL: Talk!]
:As Wilmhurst and Wood (AJIL 107:393-4) observed in response to Bethlehem’s note, the pin-prick theory remains controversial. But the framing of a series of planned terrorist attacks – far removed in this case from any territorially proximate armed conflict with a non-state armed group on the borders of the state claiming self-defence – is an extended version even of the pin-prick theory and goes beyond the concrete type of situation in respect of which it was invoked. As is well-known, the pin-prick theory had its origins in attempts by the US, Israel, Portugal and South Africa to justify what might otherwise have been a disproportionate use of force against national liberation movements or armed guerilla fighters operating across an adjoining international border (the US invoked this argument in respect of its claim to be engaged in collective self-defence on behalf of South Vietnam). To divorce the pin-prick theory from any dimension of territorial proximity and delimitation, seems to me to radicalize it in a way that dissolves any distinction between a domestic criminal act of terrorism (such the July 7, 2005 bombings in London or the 11 March, 2004 bombings in London) and a contribution to a casus belli under the jus ad bellum. Distinguishing between these two categories would become, then, a question of closely held intelligence about actual, planned, or perhaps even inchoately hoped-for attacks, making a state’s claims difficult if not impossible to objectively evaluate and verify.
:As Wilmhurst and Wood (AJIL 107:393-4) observed in response to Bethlehem’s note, the pin-prick theory remains controversial. But the framing of a series of planned terrorist attacks – far removed in this case from any territorially proximate armed conflict with a non-state armed group on the borders of the state claiming self-defence – is an extended version even of the pin-prick theory and goes beyond the concrete type of situation in respect of which it was invoked. As is well-known, the pin-prick theory had its origins in attempts by the US, Israel, Portugal and South Africa to justify what might otherwise have been a disproportionate use of force against national liberation movements or armed guerilla fighters operating across an adjoining international border (the US invoked this argument in respect of its claim to be engaged in collective self-defence on behalf of South Vietnam). To divorce the pin-prick theory from any dimension of territorial proximity and delimitation, seems to me to radicalize it in a way that dissolves any distinction between a domestic criminal act of terrorism (such the July 7, 2005 bombings in London or the 11 March, 2004 bombings in London) and a contribution to a casus belli under the jus ad bellum. Distinguishing between these two categories would become, then, a question of closely held intelligence about actual, planned, or perhaps even inchoately hoped-for attacks, making a state’s claims difficult if not impossible to objectively evaluate and verify.
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