Abstract:
Since 2001 legal scholars have been struggling with the legality and
legitimacy of the United States of America’s “war on terror” and its
accompanying policy of targeted killings. The consequent application of the
policy of targeted killing in Pakistan is especially controversial due to
questions regarding the authority of the United States of America to conduct
these operations in Pakistani territory. This article considers various aspects
of the American policy of targeted killings in Pakistan. These include the
background of the policy, the various international legal frameworks
applicable to the practice, and aspects of accountability and legality of the
practice of targeted killings. Furthermore, the overall legality of the practice
in Pakistan is considered, as well as accountability issues, should this
practice be found to be illegal in terms of international law. In conclusion,
this article finds that, although this practice in Pakistan could be illegal in
certain instances, the problem can only be solved through increased political
pressure on violating states and enforcement of the existing legal
framework.