Georgetown Law Professor Gary Solis, in his 2010 book entitled The Law of Armed Conflict: International Humanitarian Law in War, defines it as:
the intentional killing of a specific civilian or unlawful combatant who cannot reasonably be apprehended, who is taking a direct part in hostilities, the targeting done at the direction of the state, in the context of an international or non-international armed conflict.[1]
Solis stresses that it is not considered a targeted killing unless:
1. An armed conflict is in progress (as otherwise it would be considered a homicide, and a domestic crime; it is the armed conflict that affords a combatant the right to kill an enemy);
2. The target must be a specific individual, who is targeted because of his activities in relation to the armed conflict (under the Third Geneva Convention the civilian loses his immunity from being targeted when he takes part in such activities, which would include for example delivering ammunition, or gathering military intelligence in enemy territory);
3.
Though not in any law [JMM bolding], human rights concerns suggest that the person should be one who cannot be easily arrested;
4. A senior official must authorize the targeted killing, taking into consideration the difficult issue of collateral damage. A targeted killing could be authorized in the U.S. by the President (or his designee, or two-star generals and above in the combat zone), and in Israel by the Prime Minister (or his designee); and
5. The targeted individual is directly participating in hostilities, whether in a combat function or otherwise. The applicable ICRC interpretive guidance indicates that civilians who lead terrorist organizations, for example, by virtue of their position never literally pick up arms themselves, but by the same token they never lay them down, and are therefore legitimate targeted killing targets.[1] In accord, the Judge Advocate General of the Canadian Armed Forces, Kenneth Watkin says: "It is not just the fighters with weapons in their hands who pose a threat".[1] In such case, under Protocol 1 to the Geneva Conventions, even civilians, women, and children are not immune from attack.[1]
[1] Gary D. Solis (2010). The Law of Armed Conflict: International Humanitarian Law in War. Cambridge University Press. pp. 538–47. ISBN 0521870887.
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