In the course of assessing the standards for the justification and effectiveness of targeted killings under international law, the two paradigms of international law that regulate the application of force will be assessed. This would be followed by assessing the liberal, realist, and pragmatic perspectives of targeted killings. Lastly, recommendations of empirical research-informed reforms to counterterrorism approaches and existing legislation will be made.
148 J. V. Carson, ‘Assessing the Effectiveness of High‐Profile Targeted Killings in the “War on Terror”. [2017] 16 (1) ‘Criminology & Public Policy.’ P191.
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1.5.1. Methodologies
This thesis adopts a variety of methodologies to test the viability of targeted killing. The doctrinal, hermeneutical and socio-legal methodologies, detailed in chapter 4 of this thesis, are used to study the main and ancillary effects of targeted killing of suspected terrorists. Relevant statistics are also used to determine whether the common defences and justifications given for targeted attacks are reasonable, in view of the deaths and harm caused. Through the doctrinal analysis, the rationale and validity of the defences used to justify targeted killings will be explored against the benchmark of human rights principles on the one hand and warfare principles on the other.
Through the hermeneutical approach, this thesis aims to explore the ideological/philosophical background upon which terrorism and targeted killings are predicated. It aims to confirm the reasons why, of all other less legally controversial counter-terrorism approaches, targeted killing is considered to be practically effective in dealing with terrorism.
Through the socio-legal game theory approach, the concept of a more effective strategy than targeted killing will be explored. This aims at a compromise agreement that balances the rights of the perpetrators and victims of targeted killings. Furthermore, the thesis aims to determine whether targeted killing practice is effective in relation to its goal of eliminating terrorism. It is hoped to create research-informed proposals over targeting practice, advocate for law reforms and propose recommendations that will adequately address contemporary conflict.
1.6. Summary of Chapters: 1.6.1 Chapter one:
Chapter one introduces the subject matters explored in the thesis. It gives a brief overview of legal and empirical findings as well as relevant research on the subject matter. It also defines the general terms and terminologies used by authors, news commentators and international
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organisations in reference to issues relating to the subject matter. Thereafter, the chapter proceeds to explain how the methodologies adopted in the thesis facilitate the resolution of the research aims. Overall, it explains how the adoption of the Doctrinal, Critical Hermeneutical and Game Theory methodological approaches strengthen theoretical and analytical dimensions of targeted killing vs. terroristic warfare debates. The chapter emphasises how the combined use of the three methodologies enhance a proper evaluation of the implementation of targeted killing. The conclusion of chapter one defends the rationale behind the research.
1.6.2 Chapter two:
Chapter two explores the legal implication for utilizing targeted killing counterterrorism strategy. It highlights the legal uncertainties surrounding the status of terrorists and the justification for targeted killing. It asks and attempts to answer questions on the applicable regime for regulating terroristic conflict, i.e. are terrorists combatants in an armed conflict or civilians only targetable when operational (directly participating in hostilities)? It then identifies the main arguments against the legality of targeted killing under the LOAC and Law enforcement of human rights regimes.
1.6.3 Chapter three:
This chapter shall re-conceptualize the analysis of the justification of terrorism and targeted killings by exploring the literature through a hermeneutical approach. Islamic extremism expressed through acts of terror is an ideology that is imbibed and practised by many perpetrators across the globe. Democracy is the main ingredient of modern governmental rule that terrorists protest against. The collision of both ideologies is the main focus in chapter three.
1.6.4 Chapter four:
This chapter will establish details of the doctrinal, hermeneutical, socio-legal (game theory method) methodologies used for carrying out the research on targeted killing. It will explain how and why the doctrinal and hermeneutical methodologies were used in chapters two and three
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respectively and how and why the game theory method will be applied as the main method for carrying out the assessment on the effectiveness of targeted killing in chapter five.
1.6.5 Chapter five:
The interdisciplinary method of game theory which falls under the socio-legal/empirical type approach will be applied in chapter five which is the analysis chapter. This method was devised by the main proponents of game theory, to systematically analyse strategic options faced by parties in conflict in relation to their goals, how they make decisions on what options to use and the responses triggered by the use of those options. What makes game theory analysis different to other theoretical and empirical types of analysis is in its presentation. This method will be used in the analysis chapter for assessing the effectiveness of targeted killing. The game theory method proposes to offer transparency to what is being analyzed. This is mainly because of the format in which the interactions between opponents in a conflict or competition are explicitly written down, tabulated and quantified. This outline proposes to promote objectivity when studying the outcomes of each interaction and may hopefully yield results different from analysis that are merely dependent on intuitive assessments.
1.6.6 Chapter six
This chapter will conclude on the discussions in the thesis by detailing the limitations encountered from using the doctrinal, hermeneutical and socio-legal game theory methodologies in this thesis. It will also explain how each limitation should be addressed. It will do this by distinguishing between the realistic expectations to be gained from using the methodologies and their inadequacies. The chapter will then suggest ways in which future researchers can realise the full potentials of the methodologies. Further, this chapter will conclude the research by summarising the key findings explored. The chapter will also detail the contributions this research seeks to make to the field of research and legislature. The chapter will then discuss the
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implications of the research conducted and make recommendations to future researchers of the subject.
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1.6.8 Definition of Terms an Terminologies
This thesis will generally regard the modern conflict involving terrorists organisations and states as terroristic, modern or contemporary conflict. Reference to the terms is suggestive of the idea that there is no name given to such conflicts in international law. In addition, the term, the ‘war against terror’ is simply a description of terroristic conflicts, when, for the purpose of analysing an issue, the writer is under the assumption that warfare exists between states and terrorists. Lastly, in chapter two, the term ‘DPH’ will be used to mean those referred to in the LOAC as ‘participants in hostilities’. This may sometimes be used to refer to terrorists when they are found to be directly participating in hostilities.