Formalizing targeted killing as a foreign policy doctrine rather than its use in only unique circumstances risks a drift away from the rule of law. Terrorism has traditionally been dealt with through domestic law enforcement means, but now terrorists such as al Qaeda members are processed under the laws of war; that is, war is declared against a terrorist organization. This begs the questions of how narrow and tailored a President’s authority must be when he orders a targeted killing in the name of self-defense, and when the law of war is activated, necessitating a President to adhere to its concepts. Congress has largely not weighed in though the best guarantee of public safety is the rule of law. |