Constitutional & Legal Issues


A - K


Anderson, Chris A. "Assassination, Lawful Homicide, and the Butcher of Baghdad." Hamline Journal of Public Law and Policy 13, no. 2 (Summer 1992): 291-322.

Beres, Louis René.

1. "Assassinating Saddam: A Post-War View from International Law.'" Denver Journal of International Law and Policy 19, no. 3 (1991): 613-623.

2. "On Assassination, Preemption, and Counterterrorism: The View from International Law." International Journal of Intelligence and Counterintelligence 21, no. 4 (Winter 2008-2009): 694-725.

The author maintains that "the preemptive elimination of terrorists who plan large-scale, or even unconventional, mass casualty attacks against Americans and others could ultimately save the lives of a great many intended terrorist victims."

3. "The Permissibility of State-Sponsored Assassination During Peace and War." Temple International and Comparative Law Journal 5, no. 2 (1991): 231-250.

Berkowitz, Bruce. "Is Assassination an Option?." Hoover Digest 2002, no. 1 (30 Jan. 2002). [http://www.hoover.org/publications/hoover-digest/article/7926]

Because "assassination is an act of war, such activities should always be considered a military operation. American leaders need to resist the temptation to use intelligence organizations for this mission. Intelligence organizations are outside the military chain of command. Intelligence operatives are not expected to obey the rules of war and thus are not protected by those rules. At the same time, intelligence organizations are also not law enforcement organizations. In many situations, having intelligence organizations kill specific individuals looks too much like a death sentence without due process."

Blum, Justin. "Altering Assassination Ban Might Increase Pressure on Saddam Hussein, Robb Says." Washington Post, 19 Feb. 1998, A22. [http://www.washingtonpost.com]

Bruemmer, Russell J. "The Prohibition on Assassination: A Legal & Ethical Analysis." In In the Name of Intelligence: Essays in Honor of Walter Pforzheimer, eds. Hayden B. Peake and Samuel Halpern, 137-165. Washington, DC: NIBC Press, 1994.

Bruemmer was CIA General Counsel from 1988 to 1990.

Cannistraro, Vincent. "Assassination Is Wrong -- and Dumb." Washington Post, 30 Aug. 2001, A29.

Op-Ed piece from former CIA officer.

Carter, Tom. "Barr Would Restore U.S. License to Kill." Washington Times, 9 Feb. 2001, A13.

Case Western Reserve Journal of International Law. Editors. "Assassination as a Means of Intervention: The Death of Lumumba -- The Rule of Amin." 10 (Winter 1978): 197-221. [Petersen]

Claburn, Jeffrey. "Public Constraints on Assassination as an Instrument of U.S. Foreign Policy." International Journal of Intelligence and Counterintelligence 7, no. 1 (Spring 1994): 97-109.

"The wide range of criticisms [of political assassination], including moral, legal, societal, international, and practical concerns, provide a comprehensive evaluation of assassination as a short-sighted policy that is troubling to most Americans and extremely dangerous to the perpetrator as well as the victim."

Collins, John M. [COL/USA (Ret.)] "Assassinations & Abductions: Viable Foreign Policy Tools?" U.S. Naval Institute Proceedings 130, no. 4 (Apr. 2004): 66-67.

"President George W. Bush and future presidents may perceive a need for greater flexibility than present rules of engagement allow, but all presidents should carefully calculate potential benefits and liabilities before they seriously contemplate assassination or abduction as a tool of U.S. foreign policy, because possible penalties for miscalculation could be calamitous."

David, Steven R., and Yael Stein. "Israel's Policy of Targeted Killings." Ethics and International Affairs 17, no. 2 (Fall 2003).

Falcoff, Mark. "Head-Hunting: Assassination as a Policy." National Interest 24 (Summer 1991): 103-105.

The author opposes a policy shift to allowing consideration of assassinating foreign leaders.

Finn, Peter. "Secret U.S. Memo Sanctioned Killing of Aulaqi." Washington Post, 30 Sep. 2011. [http://www.washingtonpost.com]

According to administration officials, "[t]he Justice Department wrote a secret memorandum authorizing the lethal targeting of Anwar al-Aulaqi, the American-born radical cleric who was killed by a U.S. drone strike" on 30 September 2011. " The decision to place Aulaqi on a capture or kill list was made in early 2010, after intelligence officials concluded that he played a direct role in the plot to blow up a jet over Detroit and had become an operational figure within al-Qaeda's affiliate in Yemen." See also, Scott Shane, "Judging a Long, Deadly Reach," New York Times, 30 Sep. 2011.

Gellman, Barton. "CIA Weighs 'Targeted Killing' Missions." Washington Post, 28 Oct. 2001, A1. [http://www.washingtonpost.com]

"Armed with new authority from President Bush for a global campaign against al Qaeda, the Central Intelligence Agency is contemplating clandestine missions expressly aimed at killing specified individuals."

Harder, Tyler J. "Time to Repeal the Assassination Ban of Executive Order 12333." Military Law Review 172 (Jun. 2002).

Herbert, R.G. Bullets With Names: The Deadly Dilemma, Master's Thesis. Monteray, CA: Naval Postgraduate School, 1992.

Surveillant 3.2/3: Herbert's "examination of the national security policy dilemma which political assassination presents ... draws two major conclusions: First, assassination cannot support long-term U.S. policy goals or warfighting efforts. Ultimately, such efforts could weaken America's global position. Second, while assassination has no place in the U.S. warfighting arsenal, the assassination ban itself has become dysfunctional and requires reevaluation."

Johnson, Boyd M., III. "Executive Order 12,333: The Permissibility of an American Assassination of a Foreign Leader." Cornell International Law Journal 25, no. 2 (Spring 1992): 401-436.

Keller, A.W. Targeting the Head of State During the Gulf Conflict: A Legal Analysis (Final Report). Newport, RI: Naval War College, 1992.

Surveillant 3.2/3: Keller "concludes that with the approval of the National Command Authorities, Commander-in-Chief of the United States Central Command could have specifically identified Saddam Hussein as a target, and that the killing of the Iraqi leader by U.S. Armed Forces would not have been illegal or an assassination."

Kelly, Joseph B. "Assassination in Wartime." Military Law Review 30 (Oct. 1965): 101-111.

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