Targeted Killing in International Law Targeted Killing in International Law is a book about the legality of targeted killing , written by Nils Melzer . It was first published by Oxford University Press in May 2008 . The book explores the history of targeted killing as a government strategy by multiple countries including the United States , the United Kingdom , Israel , Switzerland and Germany ; for both military and law enforcement purposes . Melzer argues that directly after the September 11 attacks in the United States , perceptions of the tactic became more positive . Melzer holds a PhD degree in law from University of Zürich . His dissertation dealt with targeted killing and the book updates and revises that work . He had earlier written on the subject for " Yearbook of Humanitarian International Law " in 2006 . Melzer serves as a legal advisor for the International Committee of the Red Cross ( ICRC ) . He has lectured at the Master - level at the Geneva Academy of International Humanitarian Law and Human Rights . The book received a favorable reception and was a joint winner of the 2009 Paul Guggenheim Prize in International Law given by the Geneva Graduate Institute . It garnered positive reviews in publications including the " International Criminal Justice Review " , the " European Journal of International Law " , the " Leiden Journal of International Law " , the " Australian Yearbook of International Law " , the " American Journal of International Law " . and in the book " Legislating the War on Terror : An Agenda for Reform " . Author . Nils Melzer graduated " summa cum laude " from the University of Zürich with a PhD degree in law . Melzer worked for the District Court of Meilen , Zürich , first as a Judicial Clerk and then as Judicial Secretary . Melzer serves as a legal advisor for the International Committee of the Red Cross ( ICRC ) . He lectured at the Master - level at the Geneva Academy of International Humanitarian Law and Human Rights . Prior to the book , Melzer published " Targeted Killing or Less Harmful Means ? – Israel ' s High Court Judgment on Targeted Killing and the Restrictive Function of Military Necessity " in the " Yearbook of Humanitarian International Law " in 2006 , and a dissertation in 2007 . Melzer also authored " Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law " , published in 2009 by ICRC . Melzer ' s research was utilized in Section IX of the ICRC ' s Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law . Publication history . " Targeted Killing in International Law " is part of the series , Oxford Monographs in International Law . The hardback was first published by Oxford University Press on 29 May 2008 and subsequently in the United States by Oxford University Press , USA , in July 2008 . In January 2009 , the work was published online at " Oxford Scholarship Online " . On 10 September 2009 , Oxford University Press released a paperback in the UK . Oxford University Press , USA released a paperback on 9 November 2009 . Overview . The author presents an historical , legal and moral examination of targeted killing . It observes that after September 11 , the Western world grew more supportive of targeted killing than ever before . The book recounts in depth how state - sanctioned targeted killing is perceived in other countries . Nils Melzer defines targeted killing as , " The use of lethal force attributable to a subject of international law with the intent , premeditation and deliberation to kill individually selected persons who are not in the custody of those targeting them . " Melzer analyzes all areas of the topic . The book discusses related legal practices of countries including the United States , the United Kingdom , Israel , Switzerland and Germany . Israel was the first country to publicly acknowledge the practice — in November 2000 . The author connects this policy initiative with Israel ' s ongoing conflict with Palestinian militants . Melzer argues that this policy was controversial — the issue came before the Israeli Supreme Court , where the matter was not decided for almost five years . The court ' s judgment was issued on 14 December 2006 , but neither forbade nor endorsed the practice . Melzer asserts that it left multiple important legal conundra unresolved . Its significance was that it dealt not with a single incident , but rather with the nature of the policy itself and set forth conditions for examining the legality of future episodes . Melzer claims that during the Vietnam War the Central Intelligence Agency used targeted killings as part of the Phoenix Program , attempting to eliminate Vietcong sympathizers . Melzer cites a source who contends that some 40 , 000 individuals may have been killed under this program . The author sees the air raids on Muammar Gaddafi in the 1986 bombing of Libya in response to the Lockerbie bombing as another instance . He argues that after September 11 , 2001 , the policy became more acceptable in the U . S . to adopt targeted killings as a tactic . According to Melzer , after the September 11 attacks , U . S . strategists began to support targeted killings and accepted advice from Israel on how to use such tactics to deal with suicide bomber s . Melzer describes an abrupt change where military members were ordered to " shoot to kill " , replacing prior orders to incapacitate . The author asserts that in at least one case in 2005 , a person was killed because they were thought to be a terrorist holding a bomb . It was later revealed that this person suffered from mental illness and may have had a medical history of bipolar disorder . The shooting was determined to be justifiable under the law and criminal charges were not filed . Melzer discusses the shift in perceptions towards acceptance by United Kingdom law enforcement after September 11 . The Metropolitan Police officially endorsed a " shoot to kill " strategy directly after the attack . Melzer finds this policy shift incongruous , due to the fact that targeted killing had never before been acceptable as police strategy . Prior to the attack , targeted killing was a criminal offense . Reception . " Targeted Killing in International Law " was a joint - winner of the 2009 Paul Guggenheim Prize in International Law given by the Geneva Graduate Institute . In the chapter " Targeted Killing in U . S . Counterterrorism Strategy and Law " authored by Kenneth Anderson as a contributor to the book " Legislating the War on Terror : An Agenda for Reform " , he characterizes Melzer ' s book as a " formidable treatise " . Anderson describes the book in more depth in a footnote : " The standard reference work on targeted killing and law is Nils Melzer , " Targeted Killing in International Law " ( Oxford University Press , 2008 ) . It is a marvelous work of scholarship , more comprehensive than any existing source , by a senior ICRC legal adviser . " He goes on to criticize the perspective of the book for functioning as an " advocacy brief " , because it describes and then rejects objections by the United States to arguments addressed in the work . Anderson writes , " It is in this sense the indispensable book on the subject , one which no researcher on this subject can do without , and yet , under the surface of the extraordinary scholarship , it relentlessly advocates a particular end . " Anderson notes , " Melzer discusses all aspects of the topic , including law enforcement uses of targeted killing , a subject usually skipped over , just as I do here . " In a review of the book for the journal " International Criminal Justice Review " , Robert M . Worley of Penn State Altoona notes , " The author is very thorough in describing how state - sponsored killing is viewed across various parts of the world . " Worley notes the relevance of the book to scholars in various fields : It seems that , especially after the 9 / 11 attacks , the Western world is more tolerant of state - sponsored targeted killings than ever before . Melzer also provides a historical analysis of many of the various countries that he examines . For this reason , the book could have as much relevance to a historian as it would a political scientist . This book will also be of interest to anyone who is interested in studying or researching issues that are related to terrorism . The author demonstrates that state - sponsored targeted killing is a highly complex and controversial issue . Melzer , who is trained as a lawyer , also provides important criteria , if such an act is to be considered permissible under the international normative paradigm of law enforcement . Worley concludes his review by noting : " Anyone who has an interest in either law or comparative criminal justice should consider reading this book . This is especially true because Melzer does an excellent job of examining state - sponsored targeted killings under international human rights and humanitarian law . Reading his book will definitely add new insights into what is already a very interesting topic . For these reasons , I strongly recommend this book . " William Abresch comments favorably on " Targeted Killing in International Law " , in a review for the " European Journal of International Law " . He writes , " Melzer ' s book makes a significant contribution to our understanding of how targeted killing is regulated by international law . " Abresch observes , " His sensible definition of the problem , his principled division of the analysis into law enforcement and hostilities paradigms , his provocative analysis of military necessity , and his coverage of often overlooked aspects , such as booby - traps , will no doubt influence future work on this issue . " A review of the book in the " Leiden Journal of International Law " by Tamás Hoffmann recommends the work to multiple potential readers . Hoffmann notes , " " Targeted Killing in International Law " is a piece of solid scholarship which can only be recommended to scholars , practitioners , and students alike . " Hoffmann calls it , " a very methodically researched treatise which will become a useful work of reference on the topic . " The review places the book within the context of addressing legal issues inherent in debating the murky concent of targeted killing , " It is definitely a step towards finally settling the legal problems surrounding the question of targeted killing and will hopefully help to bring an end to the ' shadowy realm of half - legality and non - accountability . ' " Helen Durhan praises the writing quality of Melzer ' s work , in a review for the " Australian Yearbook of International Law " . Durhan writes , " The book is a well written , clearly structured , thoughtful and measured account of issues such as current state practice , judicial consideration and relevant international law . " She goes on to note , " In essence " Targeted Killing in International Law " is a book about balance and the desire for careful consideration before the application of policies involving the destruction of lives . " Of the author ' s focus throughout the work , Durhan observes , " Melzer deals with each of the legal issues involved in targeted killing with clarity and precision . " The review concludes , " Melzer ' s detailed examination is a large step forward in the development of a better understanding of the issues and particular pressure points that daily engage advisers , courts , international lawyers and politicians when trying to determine when the state is in the position to take lives . " Writing in a review for the " American Journal of International Law " , Michael N . Schmitt notes that the arguments put forth in the book by the author are indeed accurate , " Melzer accurately asserts that the various legal regimes applicable within the law enforcement paradigm lead to a series of cumulative conditions precedent to a targeted killing . " Analyzing Melzer ' s examination of applicability of the targeted killing strategy for police , Schmitt writes , " It is an exceptionally rich survey of treaty law , case law , customary law , general principles of law , and various soft - law instruments such as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials . " Schmitt concludes , " Melzer has unquestionably made enormous strides in systemizing and clarifying the many complex legal issues that have surrounded the politically volatile topic of targeted killings . " Targeted Killing in International Law " is not just a major contribution to the legal literature , it has justifiably emerged as the premier work on the subject . "