Legality of Targeting Terrorists

May 7th, 2004

Dear Friend,

From time to time Israel is being criticized by people who claim that the targeting of terrorists is unlawful, and works against the peace process.
They claim that targeting terrorists is an act that violates international law.
But While the targeting of a terrorist must be considered an exceptional measure, according to the Law of Armed Conflict, killing an enemy combatant during conflict is permitted unless he surrenders first. A combatant is a legitimate target if he is a part of the "chain of command", whether or not engaged actively in combat at the time he is killed. Such a chain of command may include commanders, decision makers, organizers of campaigns or others. An individual who recruits suicide bombers, makes tactical or strategic decisions about terrorist actions would certainly fall into this category of those in the terror chain of command.
International law makes no requirement to arrest an enemy combatant, although such action would certainly be permitted. Such measures might risk substantially greater harm to both security personnel and to local civilians. Such risks can be considered legitimate considerations in making a decision to directly target a terrorist.
Both the UN Charter and the Laws of Armed Conflict have provisions for self defense that allow for the targeting of enemy combatants within the zone of an armed conflict. International law recognizes the right and the obligation of a state to protect its civilians. Circumstances during armed conflict employ a range of standards and rules that differ from those of non- conflict times. For example, the requirement for trial and criminal prosecution of enemy combatants does not necessarily exist during the time of armed conflict.
Thus, the term "extra-judicial" (meaning outside of a court process) is an incorrect and prejudicial depiction of the action, not relevant for armed conflict circumstances such as the current situation regarding the Palestinian terror campaign against Israel and its citizens.
Certain actions are required according to international humanitarian law, such as minimizing, where possible, collateral civilian casualties, and ensuring, as best as possible, the identity and determination of the nature of the activity of the combatant. At the same time, hiding among a civilian population does not offer a terrorist immunity from attack, and is in itself a grave breach of humanitarian norms.

Thank you for your time. For more information please visit the Consulate's website.
If you have any questions, please do not hesitate to contact me.

Sincerely,

Yariv Ovadia
Consul for Communications and Public Affairs