Justifying the Right to Kill
Justifying the Right to Kill
Problems of Law, Transparency, and Accountability
Despite President Obama’s 2013 pledge to narrow targeting criteria and provide greater oversight of drone operations, US policy continues to lack transparency and accountability. This chapter examines the targeted killing of US citizen Anwar al-Awlaki in Yemen as an example of the legal shortcomings of current drone policy. It questions the rationale for the targeted killing program and criticizes the administration for selective and insufficient disclosures of its practices. The government’s lack of transparency in disclosing its legal justification for drone strikes limits the possibility for judicial review. The deference shown by US courts to executive privilege in national security matters further hinders the legal evaluation of drone operations. The chapter argues that external and independent judicial and legislative oversight is necessary to bring the US drones program into conformity with the law.
Keywords: oversight, accountability, Anwar al-Awlaki, judiciary, targeted killing, Yemen, transparency
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