The war on terror is commonly characterized as a fundamentally different kind of war from more traditional armed conflict. Furthermore, it has been argued that, in this new kind of war, different rules, both moral and legal, must apply. In the first part of this paper, three practices endemic to the war on terror -- torture, assassination, and enemy combatancy status -- are identified as exceptions to traditional norms. The second part of the paper uses these examples to motivate a (...) generalized account of exceptionalism; a taxonomy of different exceptionalisms is derived, including temporal, spatial, and group-based exceptionalisms. The third part of the paper considers the ethical status of exceptionalism, paying particular attention to the group-based exceptionalisms that are argued to be prevalent in the war on terror. It is concluded that there is nothing inherently wrong with group-based exceptionalism and, furthermore, that the proper locus of ethical evaluation lies not with the norms that are being excepted, but rather with the groups that are being excepted from them. (shrink)

abstract During the current round of fighting in the Middle East, Israel has provoked considerable controversy as it turned to targeted killings or assassination to battle militants. While assassination has met with disfavour among traditional observers, commentators have, more recently, sought to justify targeted killings with an appeal to both self‐defence and law enforcement. While each paradigm allows the use of lethal force, they are fundamentally incompatible, the former stipulating moral innocence and the latter demanding the presumption of criminal guilt. (...) Putting aside the paradigm of law enforcement which demands due process and forbids extra‐judicial execution, the only possible avenue for justifying named killings lies in self‐defence. While named killings might be defensible on the grounds that there are no other ways to disable combatants when they fight without uniforms, the costs, including the cost of targeted killing emerging as an acceptable convention in its own right, should be sufficient to view the practice with a good deal of caution. (shrink)

Modern warfare in general, and targeted killing (TK) in particular, challenge conventional legal paradigms. While some contend that targeted killing is a clear violation of law, others argue that it is the law that should adapt to its modern context. In this thesis, I argue in favor of the latter. I will first explain the two dominant paradigms through which one can interpret TK: law enforcement versus armed conflict, going on to argue that an armed conflict paradigm can be legitimately (...) invoked. In sections IV and V, I examine the rights and status of targeted individuals in modern conflict. I will then explore Jeremy Waldron’s objection to TK—that its potential for abuse outweighs its utility. I conclude by arguing that TK, like all warfare, is justified only by the unacceptability of its alternative, and that the justification of all warfare abides under the same pragmatic presumption. (shrink)