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Targeted killing
Naval War College Review, Wntr, 2008 by Harper B. Atherton
Sir:
Professor Gary Solis's article "Targeted Killing and the Law of Armed Conflict" (Spring 2007) is a well written opinion that the law of war does not render illegal the killing at the direction of a state of a specific individual taking part in hostilities. An important element of the definition of "targeted killing" is that the individual cannot be reasonably apprehended.
I do not propose that any change or addition should be made to the article. Rather, I would like to emphasize the importance of the apprehension element from a practical as well as legal aspect. In the heat of battle between two military forces, it is difficult for troops not to desire to kill every enemy soldier, even after he has surrendered. However, commanders are well advised to make their forces aware not only of the illegality of such action but also of the advantages of capturing an enemy soldier. One of the more important reasons is the possibility of garnering valuable information and intelligence from him.
For this reason, any commander or official who is contemplating a targeted killing should consider whether or not apprehension of the individual is possible. This, of course, may raise other issues the person making the decision would rather avoid, such as how the individual is going to be incarcerated and what rights, if any, must be afforded him. If these matters can be satisfactorily addressed, the value of information that might be obtained about the enemy from the individual may be far greater than that of his demise.
I commend the Naval War College Review for sharing this thought-provoking article with us.
HARPER B. ATHERTON
Colonel, JAG, U.S. Army Reserve (Retired)
COPYRIGHT 2008 U.S. Naval War College
COPYRIGHT 2008 Gale, Cengage Learning
