Great conversation/posts. Good points all around.

Don't know if you saw, but State Department legal advisor Harold Koh formally announced US legal position on targeted killings. A good recap is at http://insidejustice.com/law/index.p..._drone_war_law

Pulled the summary below from the Wikipedia manhunt site:

America Formally Announces Policy

On March 26, 2010, in a speech before the American Society of International Law, Department of State Legal Advisor Harold Koh formally announced the United States' legal interpretation of international law with respect to targeted killing. Koh first stated that "U.S. targeting practices, including lethal operations conducted with the use of unmanned aerial vehicles (UAVs), comply with all applicable law, including the laws of war." He further explained that the United States is in "an armed conflict with al Qaeda, the Taliban, and the associated forces" and thus has the lawful right to use force "consistent with its inherent right to self-defense" under international law[45] in response to the 9/11 attacks. Under domestic law, he stated that targeted killings are authorized by the 2001 Authorization for Use of Military Force (AUMF). Although he contended that these international and domestic legal grounds "continue to this day," he also provided additional justification for current U.S. actions based on continued attacks and intent by al Qaeda. He concluded that the existence of this "ongoing armed conflict" grants legal authority to the United States to protect its citizens through the use of force, including lethal force, as a matter of self-defense. Koh then addressed specific legal reasoning and standards considered by the United States "when defending itself against high-level leaders planning the attacks." He reiterated the widely accepted conceptualization of an "organized terrorist enemy" as one that does not have conventional forces. Instead, such an enemy plans and executes its attacks while hiding among civilian populations, he said. As such, "that behavior simultaneously makes the application of international law more difficult and more critical for the protection of innocent civilians." Koh identified three elements related to situational considerations that the United States uses when determining whether a specific targeted drone killing at a particular location will occur:

* Imminence of the threat
* Sovereignty of other States involved
* Willingness and ability of those States to suppress the threat the target poses

Koh stated that the "rules" of targeting operations used by the United States are consistent with principles under the laws of war. He cited two well-known principles that govern the State's use of force during an armed conflict: distinction and proportionality. These principles are designed to protect civilians once armed conflict has begun. They are recognized under customary international law as part of Jus in Bello (conduct during war).

* Distinction: Requires that attacks be limited to military objectives and that civilians or civilian objects shall not be the object of the attack.
* Proportionality: Prohibits attacks that may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, that would be excessive in relation to the concrete and direct military advantage anticipated.

Koh said that the United States adheres to these standards and that the United States takes great care in the "planning and execution to ensure that only legitimate objectives are targeted and that collateral damage is kept to a minimum

Thought this might interest you. There's some more debate/discourse on the issue at the original "Inside Justice" site, FYI.