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*Thirdly, there was no armed conflict between the U.S. and Al Qaeda. | *Thirdly, there was no armed conflict between the U.S. and Al Qaeda. | ||
The operation may also have violated international law by failing to respect Pakistan’s territorial sovereignty. Ultimately, this depends on the recognition of a (pre-emptive) right to self-defence under Article 51 of the UN Charter, in particular taking into account the immediacy criterion. | The operation may also have violated international law by failing to respect Pakistan’s territorial sovereignty. Ultimately, this depends on the recognition of a (pre-emptive) right to self-defence under Article 51 of the UN Charter, in particular taking into account the immediacy criterion. | ||
2 Jeremy Scahill, ‘Osama’s Assassins’, The Nation, New York, 4 May 2011, available at http://www.thenation. | 2 Jeremy Scahill, ‘Osama’s Assassins’, The Nation, New York, 4 May 2011, available at http://www.thenation. | ||
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1. INTRODUCTION: THE APPLICABLE INTERNATIONAL LAW | 1. INTRODUCTION: THE APPLICABLE INTERNATIONAL LAW | ||
As mentioned at the start of this article,5 the Obama administration | |||
has more than doubled the Bush Jnr administration’s use of the measure. Given their | has more than doubled the Bush Jnr administration’s use of the measure. Given their | ||
normally transnational and secretive character, targeted killings pose a particular challenge | normally transnational and secretive character, targeted killings pose a particular challenge |