2008
DOI: 10.1177/0967010608088779
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Extrajudicial Killing as Risk Management

Abstract: This article analyses legal aspects of the `war on terror'. It argues that, by making recourse to a semantic of risk, danger and, in particular, precaution, the `war on terror' blurs crucial political and legal categories of public and private, of peace and war, of combatants and civilians, thus redefining the relationship between political responsibility, time and security. As a consequence, the extrajudicial killing of individuals becomes a form of risk management that takes place beyond established mechanis… Show more

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Cited by 51 publications
(27 citation statements)
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References 26 publications
(11 reference statements)
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“…With the epistemology of pre-emption structuring problematizations of (in)security across political assemblages, these practices, what they are said to be preempting and their effects become difficult to counteract within the grammar of security discourses obsessed with managing risk (see Kessler and Werner, 2008;Massumi, 2007;De Goede, 2008;Muller, 2008).…”
Section: Assassination and Targeted Killing As Biopolitical Narrativementioning
confidence: 99%
“…With the epistemology of pre-emption structuring problematizations of (in)security across political assemblages, these practices, what they are said to be preempting and their effects become difficult to counteract within the grammar of security discourses obsessed with managing risk (see Kessler and Werner, 2008;Massumi, 2007;De Goede, 2008;Muller, 2008).…”
Section: Assassination and Targeted Killing As Biopolitical Narrativementioning
confidence: 99%
“…The result is that police is taken as not only self‐evident, but somehow a more “legitimate” and hence less politically problematic form of organized violence than the terror of war and drones. For example, in their discussion on “extrajudicial killings as risk management”, Oliver Kessler and Wouter Werner (:305) describe how targeted killings abroad are often justified in the language of crime and punishment, explaining how “states borrow the language and moral force of the law enforcement paradigm (‘crime and punishment’)”. Yet they go on to add that the security state does this “without accepting all the responsibilities that normally come with it”, implying that when architects of the drone war justify targeted killings with a lexicon of “crime and punishment” this amounts to a perversion of the “law enforcement” paradigm or even suspension of the “rule of law” since warfare's “extrajudicial killing” in practice eschews the legal rules governing the police collection of evidence and presentation of this evidence to judges and juries.…”
Section: Drone War/police Violencementioning
confidence: 99%
“…In this sense, counterterrorism is less about “a ‘traditional’ form of prevention in the sense of an objectifiable and knowable risk, [and more] about [addressing] potentially disastrous harm” (Borgers and van Sliedregt :187–188). The orientation to the future in relation to ancillary and preparatory criminal acts is less one of prediction and more one of potentiality : possible future violence and potential end stages of ancillary acts are mobilized in trial proceedings or through the media in ways that are not strictly predictive and probabilistic, but that incorporate “a logic of radical uncertainty in legal reasoning” (De Goede ; Kessler and Werner :290; Amoore ).…”
Section: Precaution and Criminal Lawmentioning
confidence: 99%