Centenial Celebration

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Date: April 30, 2024 Tue

Time: 12:20 am

Results for criminal groups

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Author: McBride, David

Title: Who is a Member? Targeted Killings against Members of Organized Armed Groups

Summary: INTRODUCTION This paper argues that the most practical and legally correct definition is somewhere between the extreme views of Dr Melzer or the one hand, and Brigadier General Watkin on the other. It is submitted, to be properly categorized as a 'member of organized armed group' a person does not have to directly inflict harm in one causal step on a recurrent basis. However, neither should 'a cook' be properly considered a 'member of an organized armed group'. A more accurate reflection of who is a legitimately targetable member of an organized armed group is based not on the harm the individual causes, but simply on conduct that shows they intentionally enable the operational activities of the group. Accordingly, this paper will submit that a more satisfactory way of defining them will come from simply considering whether they form part of the 'armed force', in a not dissimilar way one might recognise a State Armed force, without recourse to formal membership, or indicia such as uniforms. This is quite a different test to one used to decide whether a civilian has lost his protection from attack, and I submit it produces a more logical representation of an armed group than a test that is based on an individual's proximity to the causing of harm, let alone one based on the causing of harm in a single causal step.

Details: S.L., 2013. 46p.

Source: Internet Resource: Accessed January 21, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2261128

Year: 2013

Country: International

URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2261128

Shelf Number: 154338

Keywords:
Armed Force
Armed Groups
Criminal Groups
Criminal Networks
Organized Crime
Organized Crime Groups
Targeted Killings