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Mitchell Hamline School of Law

Due process

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Full-Text Articles in Military, War, and Peace

The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai Jan 2017

The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai

Mitchell Hamline Law Review

No abstract provided.


Notice And An Opportunity To Be Heard Before The President Kills You, Richard Murphy, Afsheen John Radsan Jan 2013

Notice And An Opportunity To Be Heard Before The President Kills You, Richard Murphy, Afsheen John Radsan

Faculty Scholarship

The United States identifies particular people as especially dangerous members of al Qaeda, the Taliban, or associated forces, and then kills them. Critics insist that this targeted killing is illegal; some go so far as to call it assassination. The drone strike that killed Anwar al-Awlaki, an American citizen, generated furious criticism for purportedly violating his due process rights.

In spring 2013, President Obama responded in a wide-ranging speech on national security policy. On the topic of drones, he stated that terrorists are targeted only if they constitute “a continuing and imminent threat to the American people.” He announced that …


Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan Jan 2009

Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan

Faculty Scholarship

"Targeted killing" is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing has generated new controversy as two states in particular-Israel and the United States-have struggled against opponents embedded in civilian populations. As a matter of express policy, Israel engages in targeted killing of persons it deems members of terrorist organizations involved in attacks on Israel. The United States, less expressly, has adopted a similar policy against al Qaeda-particularly in the border areas of Afghanistan and Pakistan, where the …