Transnational Repression and International Law

Prof. Larissa van den Herik; Siena Sofia Magdalena Anstis

doi:10.5771/9783748951988

Summary

New technologies, and particularly the use of drones, have had transformative effects on the exercise of cross-boundary violence and warfare. Individuals specifically identified by the state are now often the central targets of military action. Other types of state-sponsored extraterritorial killing of individuals have also increased, or at least become more visible. The aim of this book is to spotlight the extraterritorial killings of opponents and to identify the building blocks of an emerging international legal framework to counter them.

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Bibliographic data

Publication year: 2025
Publication date: 23.01.2025
ISBN-Print: 978-3-7560-2453-7
ISBN-Online: 978-3-7489-5198-8
Publisher: Nomos, Baden-Baden
Series: Hans Kelsen Memorial Lectures on International Peace and Security Law
Volume: 2
Language: English
Pages: 136
Product type: Book Titles

Titelei/Inhaltsverzeichnis No access Pages 1 - 8
Introduction No access Pages 9 - 10
1. 1. A historical perspective No access
2. 2. State-sponsored killing of selected individuals and the 20th century laws of war No access
3. 3. Shifting perceptions on the legality of state-sponsored killings of selected individuals No access
1. 1. Legalizing a practice: the introduction of the notion of “targeted killing” No access
2. 2. Implications of the practice: killing own nationals No access
3. 1. 3.1 The killing of General Suleimani as a violation of the prohibition on the use of force No access
  2. 1. 3.2.1 Identifying a proper legal justification. No access
    2. 3.2.2 Targeted killing as a form of self-defence against an imminent attack. No access
    3. 3.2.3 Targeted killing as a form of self-defence against a series of attacks. No access
    4. 3.2.4. Justifying a targeted killing in relation to the territorial state. No access
  3. 3.3 The killing of General Suleimani under international humanitarian law No access
4. 1. 4.1 The targeting of nuclear scientists No access
  2. 4.2 New technologies No access
5. 5. The result of the burgeoning practice: a relaxation of normative assumptions against extraterritorial killings of individuals in settings loosely linked to armed conflict No access
1. 1. Introduction: the practice of “transnational repression” No access
2. 2. Documenting and categorizing the various methods of transnational repression No access
3. 1. 3.1 Attribution to a state No access
  2. 3.2 Transnational, extraterritorial or cross-border character No access
  3. 3.3 The identity of the victim No access
  4. 3.4 The purpose of the repression No access
  5. 3.5. The character of the state No access
  6. 3.6 Underlying policy and patterns No access
  7. 3.7 The power of terminology No access
1. 1. 1.1 Extraterritorial application of international human rights law No access
  2. 1. 1.2.1 Attribution to Russia and inferences No access
    2. 1.2.2 The obligation to investigate and allegations of state involvement No access
    3. 1.2.3 An administrative practice of state-authorised targeted assassination operations? No access
2. 1. 2.1 The attack as an unlawful use of force No access
  2. 2.2 The role of the OPCW No access
3. 1. 3.1 Embassies and consulates as sites of transnational repression and immunity rules No access
  2. 3.2 Individual criminal responsibility, domestic prosecutions, and sanctions No access
1. 1. 1.1 US draft bills on transnational repression No access
  2. 1.2 Defending Democracy Taskforces No access
  3. 1.3 UK’s amendment of its National Security Act No access
  4. 1.4 Criminalizing and prosecuting refugee espionage No access
  5. 1.5 International Pledges and Statements to Counter Transnational Repression No access
2. 1. 1. 2.1.1 The High Court of Kenya pointing the finger while acquitting: the assassination of a former Rwandan Minister No access
    2. 3.1.2 German exposure trials: the Mykonos and Tiergarten murders No access
    3. 3.1.3 US messaging via indictments referencing transnational repression No access
    4. 3.1.4 The question of immunity of state officials from criminal jurisdiction No access
  2. 3.2 Imposing sanctions No access
3. 1. 4.1 Accusing the killer-state: political versus legal attributions No access
  2. 4.2 Expulsion of diplomats No access
  3. 4.3 Civil litigation and state immunity No access
4. 1. 5.1 The obligation to protect and the duty to warn No access
  2. 5.2 Prisoner swaps and the interests of the victims No access
1. 1. 1.1. Responses to transnational repression grounded in arguments of sovereignty or Article 2(4) No access
  2. 1.2. Responses to transnational repression focused on the individual perpetrator No access
2. 2. The merits of a legal definition of transnational repression under international law No access