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Successful US TK policy requires transparent and clear legal framework for use—key to rapid fire
capability and mitigates international qualms
Bynam 06—(Do Targeted Killings Work, Daniel Bynum, Professor at Georgetown School of Foreign Service, Foreign Affairs,
2006)
Even more important, Washington needs to develop clear, trans- parent, and legitimate procedures for deciding when
targeted killings are appropriate. The lack of such procedures has bedeviled U.S. counter- terrorism efforts for years, in two
quite different ways. During the Clinton administration, there were repeated attempts to strike at bin Laden, but few of
these efforts ever got off the ground, and the ones that did obviously failed to succeed. A combination of limited remote-
strike capabilities, fragmentary intelligence, and caution in authorizing such operations led to agonizing missed
opportunities. After 9/11, the Bush administration abandoned such caution, abolishing many long-standing limits on U.S.
action and authorizing a range of more aggressive measures, such as secret prisons, domestic surveillance without court
authorization, the holding of captured terrorists as enemy combatants, and the rendition of suspects to third countries for
interrogation. But these measures have provoked an international outcry and have caused some Americans to question the
legitimacy of their govern- ment’s counterterrorism policy. Unless the procedures for authorizing targeted killings are made
clear, the United States risks moving either too slowly when it decides to act (thereby allowing the target to escape) or too
quickly (bypassing appropriate deliberation or the careful vetting of intelligence). A public educated about the need for
distasteful measures would be more likely to tolerate them, even if mistakes are made in their implementation. Unless the
procedures are made transparent, in other words, they are unlikely to garner the legitimacy necessary to make them sustain-
able. This is an area where the United States, and particularly the Bush administration, would do well to study the Israeli
experience carefully. A key reason that most Israeli counterterrorism policies have enjoyed sustained popular support is that
they have been sub- jected to public debate. Without such a debate, a policy can be held hostage to perfection. If policies
are not endorsed beforehand by the public and the political opposition, they will provoke intense contro- versy when abuses
and mistakes occur—as they inevitably will.
the terror organization's "inner core." Zarate and other supporters of the Predator program argue that it has had positive
ripple effects. Surviving militants are forced to operate far more cautiously, which diverts their energy from planning new
attacks. And there is evidence that the drone strikes, which depend on local informants for targeting information, have
caused debilitating suspicion and discord within the ranks. Four Europeans who were captured last December after trying to
join Al Qaeda in Pakistan described a life of constant fear and distrust among the militants, whose obsession with drone
strikes had led them to communicate only with elaborate secrecy and to leave their squalid hideouts only at night. As the
Times has reported, militants have been so unnerved by the drone program that they have released a video showing the
execution of accused informants. Pakistanis have also been gripped by rumors that paid C.I.A. informants have been
planting tiny silicon-chip homing devices for the drones in the tribal areas.
al-Harethi kill proves permissibility—targeted killing was the only to avoid further damage
Plaw 08—(The Legality of Targeted Killnig as an Instrument of War: The Case of Qaed Salim Sinan al-Harethi, Avery Plaw,
PolySci, Department, UMass Dartmouth, 2008)
Still, defenders of the US operation may point out that even if al-Harethi did not pose an instantaneous danger at the
moment that he was targeted, there appears to be some evidence that he may nonetheless have posed an imminent danger to
others in the near future. Although official records are not available to the public, a number of commentators have reported
the traces of explosives were found in the wreckage of the SUV. If this is so, then there may be reason to believe that al-
Harethi was in an advanced stage of planning or even carrying out a terrorist attack. A case may also be made that he was
attempting to flee Yemeni jurisdiction. Either or both of these circumstances could be offered as a rationale for the use of
lethal force.
Targeted killing is biopolitical—surveillance networks that calculate the risk of life and death
Laruen Wilcox, Political Theory Colloquium, 2009
In discourse of precision warfare, the deaths of civilians occupy a substantial, if not crucial, role. The sparing of civilian
lives is given as a key rationale (second only to protecting the lives of servicemen and women) for the development and use
of precision munitions. In this way, precision warfare is a key component of the entry of biopolitical rationality into the
sphere of war. Foucault considers biopower to be the power “to designate what brought life and its mechanisms into the
realm of explicit calculation and made knowledge-power an agent of transformation of human life,” (Foucault 1978, 143).
Precision bombing, as part of the liberal way of war, may be said to operate as part of the network of biopower through
surveillance and precision targeting on behalf of war ostensibly fought for humanitarian reasons. Along with discipline,
biopower constitutes one of the “two poles around which the organization of power over life was deployed” (the other
being discipline) (Foucault 1978, 139). Biopower concerns the supervision and intervention regarding the biological
processes of birth, mortality, health, and life expectancy. Liberal, high-tech wars embody biopolitical warfare, through
which the logic and practice of precision bombing are emblematic. The very nature of precision bombing is of calculated
risk, of circular error probabilities, that the bomb will hit its target. Throughout the twentieth century, different technologies
have allowed the CEP to decrease. Death is rendered calculable—that is, the destruction of the target. Death for civilians is
also understood in this framework of risk and probability. As one proponent writes, “[Precision munitions] should be our
weapon of choice because it is the most discriminate, prudent and risk-free weapon in our arsenal,” (Melinger 2001).
Targeted killing embodies an ethic that allows us to ignore the humanity of life and death and instead
rule murder accidental
Laruen Wilcox, Political Theory Colloquium, 2009
Precision bombing is a discourse that is performative of a moral order which allows for the deaths of some as ‘accidents’ at
the hands of bombers and planners who are seemingly omnipotent. Judith Butler writes, “the limits of constructivism are
exposed at those boundaries of bodily life where abjected or delegitimized bodies fail to ‘count’ as bodies,” (Butler 1993,
15). If noted at all, the deaths of civilians are ‘accidental,’ and they remain unseen, their deaths ungrievable and uncounted
as a means of official policy. These people are the abject bodies that reveal the workings of power and the current political
order. Rather than an effect of the distance between bomber and victim, the killability of the victims can be read as a result
of social/material intra-actions. A reading of precision bombing given the framework for theorizing bodies that I’ve
articulated above as cultural and material, socially produced and productive/resistance as well marked by difference, tells a
different story about bodies and precision bombing than the usual narrative. Rather than allowing for the deaths of some
bodies in order to spare the lives of others, this chapter describes the multiple bodies produced by material/discursive
practices that theorize bodies as produce in relation to one another as well as technologies and discursive practices. In this
theorization, we see the violent practices of precision-bombing as performatively constituting bodies marked by race, and
‘killability’ as well as omniscience and god-like qualities. These figures are not prior to the practices of precision-bombing,
but exist in relation to one other as the result of the intra-action between discursive practices and the materiality of bodies
and technology.
Targeted killing is the evolution of the constant desire for perfect war—continuing its use will only
further violence as wwe find ways to minimize loss and risk while desensitizing our humanity
Laruen Wilcox, Political Theory Colloquium, 2009
Foucault’s critique of power/knowledge is also particularly relevant in terms of precision bombing. That bodies are made
intelligible through knowledgeable discourses focuses our attention on the ways in which the knowledge that is used in
bombing is produced. The aspiration for total sight, total destructive capability for the entire globe is not limited to the
specifics of precision weapons systems, but is a defining component to the so-called Revolution in Military Affairs. The
RMA is a discourse in which information is central to warfare, as “the new metaphysic of power” in warfare (Dillon and
Reid 2001, 59). The creation, control, and transfer of information are crucial components of the liberal war machine.
Proponents of the RMA proclaim knowledge as the foundation of American military supremacy. (Nye and Owens 1996).
“Total Information Awareness,” is the goal of the Information Awareness Office, a DARPA program formerly symbolized
by an all-seeing eye casting its laser-like gaze over the entire planet. The motto is, fittingly, ‘scientia est potentia,’ or
‘knowledge is power’. Ostensibly de-funded in 2003, its key projects have been funded under other programs. This is but
one example of the goal of a global ‘panopticon’ in order to ensure military superiority. This omniscient power is
productive of a division of the world between those with the super-human visual capabilities and the objects of that
knowledge, produced as potential terrorists under the disciplining gaze.
Precision warfare is also characterized by risk-aversion in both the means of fighting and reasons for war. While precision
warfare involves constant calculation of risks to both soldiers and civilians, it should be noted that ‘risk’ as prevalent
concern is not a concept that is essential and unavoidable. Kessler and Werner note, “risk is not a ‘thing’ independent of
human practices or social relations. It is not a property of an objectively given reality, nor is it a psychological law. Rather,
risk names the boundary of both what is known and unknown and the particular war in which the ‘unknown’ is made
known,” (Kessler and Werner 2008). Risks are a product of specific discourses of threat and danger on one hand, and
technologies of control on the other.
Drone strikes in Pakistan, Afghanistan and Yemen are key to the US overall counterterrorism strategy
Anderson 09—(Predators Over Pakistan, 2009, Kenneth Anderson, Visiting Fellow at Hoover Task Force of National Security and
Law)
The aggressive expansion of the Predator targeted kill- ing program is the Obama administration’s one unambig- uous
innovation in the war against terrorists. The adap- tation of UAV surveillance craft into missile platforms took place as an
improvisation in 2002 under the Bush administration—but its embrace as the centerpiece of U.S. counterterrorism
operations belongs to Obama. It is not the whole of it—the Obama administration has expanded joint operations with
Pakistan and Yemen, and launched commando operations in Somalia against terrorists. But of all the ways it has undertaken
to strike directly against ter- rorists, this administration owns the Predator drone strat- egy. It argued for it, expanded it, and
used it, in the words of the president’s State of the Union address, to “take the fight to al Qaeda.” As al Qaeda, its affiliates,
and other transnational jihad- ists seek shelter in lightly governed places such as Yemen or Somalia, the Obama
administration says the United States will follow them and deny them safe haven. Speak- ing at West Point, the president
obliquely referred to so- called targeted killings—we will have to be “nimble and precise” in the use of military power, he
said, adding that “high-ranking al Qaeda and Taliban leaders have been killed, and we have stepped up the pressure on al
Qaeda worldwide.” The Predator drone strategy is a rare example of something that has gone really, really well for the
Obama administration. Counterterrorism “on offense” has done better, ironically, under an administration that hoped it
could just play counterterrorism on defense—wind down wars, wish away the threat as a bad dream from the Bush years,
hope the whole business would fade away so it could focus on health care. Yet for all that, the Obama adminis- tration,
through Predator strikes, is taking the fight to the enemy. And, let’s face it, in dealing with terrorist groups in ungoverned
places in the world, we have few good options besides UAVs. Drones permit the United States to go directly after terrorists,
rather than having to fight through whole countries to reach them. Maybe that’s not enough to win. Maybe “light-footprint”
counterterrorism via drones turns out to be just the latest chimera in the perennial effort to find a way to win a war through
strate- gic airpower. Yet even in a serious counterinsurgency on ground, drones will still be important as a means of
attacking terrorists while clearing and holding territory. The upshot? As long as we engage in counterterrorism, drones will
be a critical part of our offense.
When a non-state actor attacks a state it triggers the right to self defense—international law proves
Paust 10—(Jordan J Paust, Targetings of Non-State Actors and Permissibility of U.S. Use of Drones in Pakistan, 2010, Journal of
Transnational Law & Policy, 2010)
The vast majority of writers agree that an armed attack by a non-state actor on a state, its embassies, its military, or other
nationals abroad can trigger the right of self-defense addressed in Article 51 of the United Nations Charter, even if selective
respon- [*239] sive force directed against a non-state actor occurs within a foreign country. 3 Article 51 of the Charter
expressly affirms the right of a [*240] [*241] state to respond defensively "if an armed attack occurs," 4 and nothing in
the language of Article 51 restricts the right to engage in self-defense actions to circumstances of armed attacks by a "state."
5 Moreover, nothing in the language of the Charter requires a conclusion lacking in common sense that a state being
attacked can only defend itself within its own borders. General patterns of practice over time and general patterns of legal
expectation concerning the propriety of self-defense confirm these recognitions.
The US doesn’t need consent to engage in targeted killing drone strikes in Afghanistan and Pakistan—
international law proves
Paust 10—(Jordan J Paust, Targetings of Non-State Actors and Permissibility of U.S. Use of Drones in Pakistan, 2010, Journal of
Transnational Law & Policy, 2010)
Nothing in the language of Article 51 of the United Nations Charter or in customary international law reflected therein or in
pre-Charter practice noted in Part I requires consent of the state from which a non-state actor armed attack is emanating and
on whose territory a self-defense action takes place against the non- state actor. In fact, with respect to permissible
measures of self-defense under Article 51, a form of consent of each member of the United Nations already exists in
advance by treaty. In contrast, consent generally would be required for ordinary law enforcement measures, 33 but selective
use of armed force in self-defense is not [*250] simplistically "law enforcement" whether the measures of self-defense are
used in time of war or relative peace. For these reasons, with respect to U.S. use of drones in Pakistan to target al Qaeda
and Taliban leaders and fighters, it is clear that the U.S. would not need the express consent of Pakistan to carry out self-
defense targeting. 34 It is also clear that the U.S. has the right to use drones in Pakistan under Article 51 of the Charter in
self-defense to protect U.S. troops from a continual process of al Qaeda and Taliban attacks 35 on U.S. military personnel
and others in Afghanistan that have emanated or been directed partly from [*251] territory in Pakistan for several years
during a continuing international armed conflict and when al Qaeda and Taliban fighters move back and forth across the
porous border that neither country effectively controls. Some might claim that Article 51 self-defense measures in response
to attacks that involve "armed cross-border incursions" by "militant groups" that "remain active along a border for a
considerable period of time" and cause continued death and destruction do not create a right of self-defense 36 and that,
absent consent, self-defense measures involving significant force may only be used on the territory of a state that is
responsible for an armed attack on the defending state. 37
Targeted Killing is permissible when used against non-state actors for self-defense
Paust 10—(Jordan J Paust, Targetings of Non-State Actors and Permissibility of U.S. Use of Drones in Pakistan, 2010, Journal of
Transnational Law & Policy, 2010)
As this article affirms, self-defense can be permissible against non-state actor armed attacks, and measures of self-defense
can occur in the territory of another state without special consent of the other state or imputation of the armed attacks to that
state as long as the measures of self-defense are directed against the non- state actors. Additionally, when directed merely
against the non-state actors, responsive force is not engaged in against the foreign state as such or as an attack "on" or
"against" its territory. Responsive measures of self-defense in a foreign state would not necessarily create a state of war
between the responding state and the foreign state, or between the responding state and the non-state actors; and whether or
not an armed conflict exists to which the laws of war apply would be tested under normal criteria with respect to the
existence of an international or non-international armed conflict. It is understandable, therefore, that a self- defense
paradigm can be different than a war paradigm, and both are dif- [*280] ferent than a mere law enforcement paradigm.
During a lawful self-defense response, targeted killings and the capture of non- state actor fighters and others who are
directly and actively engaged in non-state actor armed attacks can be permissible no matter where such forms of direct
participation occur. Human rights law applies in all social contexts, but whether a particular person has protection can
depend on whether that person is within the jurisdiction or "effective control" of a responding state. When a person is
protected, the general human right to life is a right to freedom from arbitrary deprivation of life and does not provide a
guarantee that would not otherwise result from the application of a higher standard of protection through use of general
principles of reasonable necessity and proportionality that are applicable during war or in the context of self-defense
outside of war. When engaging in permissible self- defense targetings, a state must comply with such general principles
territory. The upshot? As long as we engage in counterterrorism, drones will be a critical part of our offense.
Punishment of Crimes Against Internationally Protracted Persons, including Diplomatic Agents, bans attacks on state
leaders, representatives, and officials, arguing that such acts “create a serious threat to the maintenance of normal
international relations . . . necessary for cooperation.” 21 The idea is to ensure that even states at war retain the diplomatic
ability to negotiate with one another. 22 Gal Luft explains further that targeted killings are also considered an “infringe- ment
on the sovereignty” of states because they involve the “imposition of extrajudicial punishment” on non-citizens. 23 In July
2001, in response to Israel’s unrelenting campaign of targeted strikes in Gaza and the West Bank, former UN Secretary
General Kofi Annan called Israel’s action an affront to “international law, in particular human rights law, but also to general
principles of law.”24 Even after 9/11, a UN report, published in the wake of a 2002 U.S. Predator drone strike in Yemen that
killed Abu Ali al-Harithi—Al Qaeda’s mastermind behind the 2000 U.S.S. Cole bombing and the 2002 suicide attack on the
Lim- burg, a French oil tanker—called the American strike “truly disturbing” labeling it “a clear case of extrajudicial
killing” and an “alarming precedent.”
The infrastructure of terrorist organizations renders them especially vulnerable to leadership loss—
makes targeted killing UNIQUELY effective.
Alex S. Wilner, Targeted Killings in Afghanistan: Measuring Coercion and Deterrence in Counterterrorism and Counterinsurgency
The literature on targeted killings suggests that their use diminishes the coercive and operational capability of violent, non-
state groups in a number of ways.36 The constant removal of leadership leaves an organization in general disarray—
replacement takes time and command and control mechanisms are weakened as a result. 37 Ariel Sharon, Israel’s prime
minister at the height of the Al Aqsa Intifada, explained his country’s use of targeted killing as such: “the goal . . . is to
place the terrorists in varying situations every day and to ‘unbalance’ them so that they will be busy protecting
themselves.”38 By removing particular individuals that fill critical positions within organizations and forcing others to seek
refuge, a group’s ability to coordinate acts of violence is substantially disrupted. In the meantime, communication between
leaders and operators breaks down, complicating both short-term tactical planning and long-term strategic planning. For
smaller terrorist groups and cells, where leadership, knowledge, and power are centralized, eliminations can have the
dramatic effect of completely destroying a specific threat. Groups with particularly charismatic leaders are especially prone
to decapitating strikes.39 Both assumptions rest on the notion that terrorist organizations depend on the work of a few key
individuals. Isaac Ben-Israel and colleagues note, for instance, that the number of “key activists in the Hamas,”—those that
are actively “engaged in preparing an act of terror”—number in the low hundreds. A state only needs “to neutralize 20– 30
percent of them,” they suggest, “for the organization’s ‘production’ of acts of terror to drop significantly.” 40 The argument
suggests that terrorism is a process that requires a “production line” of activity—from scouting targets to preparing bombers
—if coordinated acts of violence are to take place. 41 All along this process, individuals play important roles, fulfilling
particular jobs and functions. As such, violent, non-state groups are perhaps best thought of as coercive systems, dependent
on the interaction of a variety of semi-autonomous parts and processes. 42 Paul Davis and Brian Jenkins reiterate: “the
terrorist problem occurs in a rich context with many interacting entities and processes.” 43 While eliminating particular
individuals with functional roles will not wholly eradicate the threat of terrorism, the selective removal of central players
does restrict the terrorism process and degrades an organization’s overall capability to plan, coordinate, and carryout acts of
violence.
The threat of TK itself is sufficient to disrupt terrorist activity—forces leadership into hiding distrupting
channels of communication
Alex S. Wilner, Targeted Killings in Afghanistan: Measuring Coercion and Deterrence in Counterterrorism and Counterinsurgency
The very threat of coercion forces leaders to worry about their safety, hinders their freedom of movement, and requires that
they spend time and resources in avoiding their own death rather than planning the death of others. In a 2004 letter to bin
Laden, AQI’s al-Zarqawi stresses this persistent dilemma. “What is preventing us from making a general call to arms,” he
protests, “is the fact that the country of Iraq has no mountains in which to seek refuge, or forest in which to hide. Our
presence is apparent and our movement is out in the open. Eyes are everywhere.” 44 Leaders in hiding face the related
problem of motivating and leading their followers; championing a cause from the frontline is far more effective than doing
so from the safety of a bunker or villa in a neighboring region. Likewise, by eliminating skilled facilitators, organizations
become de-professionalized. Finding individuals that are able and willing to replace eliminated bomb makers and tactical
planners, for instance, takes time, notwithstanding the fact that not just any substitute will do. Few individuals have the skill
sets needed to design and build effective bombs that do not prematurely detonate or the leadership characteristics required
to successfully manage a military organization. While reports suggest that many of today’s top terrorist leaders are highly
educated individuals, holding graduate, legal, and medical degrees, this does not necessarily translate into solid military and
strategic know-how. Furthermore, attracting and recruiting the right people to a life of violent hardship that invariable
comes with joining a terrorist organization can be difficult. Even in the case of suicide bombings, it is not enough to simply
equip and send out a great many operatives on suicide missions—the individuals need to have the intellect and training to
know where to go, who to target, how and when to detonate their bombs, and what to do in case of mishap. 45 They must
also be trained not to renege on their decision to die and to know, too, never to get caught. In fact, there is very real danger
in sending out poorly trained or intellectually unstable suicide operatives. “Dud bombers”—those that fail in their attempt
to detonate their explosives—get caught and can crack under interrogation, causing irreparable damage to their group, cell,
or operator.
Targeted killing deters—paralyzes current and future leaders via fear of death—leaders aren’t martyrs
Alex S. Wilner, Targeted Killings in Afghanistan: Measuring Coercion and Deterrence in Counterterrorism and Counterinsurgency
The literature on targeted killings suggests that they effect the motivation of individuals involved in perpetrating acts of
violence and organizing terrorism.63 The reason rests primarily on the psychological consequences of being targeted; fear
can be paralyzing. As Brad Roberts posits, “the leaders of al Qaeda ... are inspired by martyrdom—but not their own.”64
They may dispatch suicide bombers to their death, but few leaders volunteer their own services. Their desire to live can be
exploited. A string of successful targeted killings—especially when they involve inventive measures like booby-trapped
cars, exploding cell phones and phone booths, or guided missiles—can lead to despair among surviving leaders. No place is
safe for long. The consequence, Luft argues, is that “those next in line for succession take a long time to step into their
predecessors’ shoes. They know that by choosing to take the lead, they Successful targeted eliminations further remind
terrorists of the long arm of the state’s coercive abilities and of the very real power asymmetries that exist. They also
reiterate that death and capture is often sudden and unanticipated. Both can help lower a group’s morale. Living as a
fugitive can also lead to a severance of ties with friends and loved ones. Indeed, in an age of sophisticated SIGINT, contact
with family can prove lethal, as Dadullah’s experience shows. E-mail correspondence and phone conversations can be
intercepted, informing security officials as to the location of wanted individuals. Finally, life on the run, while appealing for
some, can get tiring. Fatigue can set in and with that, a change in motivation and behavior.add their names to [a] target list,
where life is Hobbsian: nasty, brutish, and short.”65 Over time, widespread anguish can influence not only active members
of the group, but more generally, how well the group itself can attract and retain new members and followers. Targeted
killings may be enough to deter some individuals from joining a movement altogether.
Targeted killing has reduced the Taliban suicide bombing— primary form of attack
Alex S. Wilner, Targeted Killings in Afghanistan: Measuring Coercion and Deterrence in Counterterrorism and Counterinsurgency
‘With these Taliban preferences in mind, the aggregate data on overall levels of violence reveal a number of expected
findings. After the targeted killings, for instance, suicide bombings dropped by over 30 percent, from a total of 43 before, to
29 after, the targeted eliminations. This is in keeping with the degree of difficulty, amount of time and expertise, and level
of leadership that is required to coordinate effective suicide bombings. It is also plausible that the decrease in suicide
attacks spurred a rise in less-sophisticated forms of violence, with IEDs increasing by 6 percent and SA/R attacks by
roughly 15 percent following the four targeted attacks.76 As leaders and facilitators were eliminated, the Taliban began
using less-sophisticated forms of violence that required less energy, expertise, and time to organize effectively. This shift
resonates with elements outlined in the literature on targeted killings: as organizations succumb to the effects of a protracted
campaign of elimination, their overall ability to operate at a high level of sophistication decreases and the selection and use
of less formidable forms of violence increases.
n Afghanistan, targeted killings are considered the coercive half of a two-pronged strategy. As ISAF spokesperson for
Kandahar David Marsh reveals, “there’s a mixture going on of bringing out the less committed [Taliban]” with various
amnesty, development, and make- work programs, “and getting rid of . . . the tier one” leaders.84 The strategy is supported
by the Government of Afghanistan, whose spokesperson General Mohammad Zahir Azimi reiterates that “we can’t kill all
the Taliban.” “What’s best,” Azimi asserts, “is to get rid of the Taliban leadership and reconcile the rest of them who are just
ordinary people that have joined the Taliban under certain situations.”85 This study offers a comparative evaluation of the
coercive half of this broader strategy. In the analysis, a number of patterns become evident that informs the literature on
targeted killings and helps shed some light on the feasibility of applying deterrence by punishment to counterterrorism and
counterinsurgency.