State-Sponsored Assassination in International and Domestic Law

This chapter examines the international and US domestic law governing assassinations conducted or sponsored by States. The issue first came to widespread contemporary attention during the first Gulf War of 1990–1991 when US forces allegedly targeted Iraqi President Saddam Hussein. Since then allegations of "decapitation" strikes against regime leadership have surfaced in such conflicts as the 1999 campaign against the Federal Republic of Yugoslavia, the 2001 strikes against the Taliban, the 2003 war with Iraq and, most recently, the 2011 UN sanctioned operations in Libya. However, the law of assassination has a long lineage, stretching back to antiquity. The chapter clarifies much of the definitional confusion regarding the term by exploring both its historical basis and the extant prescriptive norms resident in both international and US law. It concludes with a survey of the practical factors likely to affect decisions about such targeting, an evaluation of current bans, and brief recommendations for future prohibitions.