Biden’s Assassination of al-Qaeda Leader Ayman al-Zawahiri Was Illegal, truthout.org

Marjorie Cohn, professor emerita at Thomas Jefferson School of Law

President Joe Biden’s assassination of al-Qaeda leader Ayman al-Zawahiri in Afghanistan was illegal under both U.S. and international law. After the CIA drone strike killed Zawahiri on August 2, Biden declared, “People around the world no longer need to fear the vicious and determined killer.” What we should fear instead is the dangerous precedent set by Biden’s unlawful extrajudicial execution. […]

President Joe Biden’s assassination of al-Qaeda leader Ayman al-Zawahiri in Afghanistan was illegal under both U.S. and international law. After the CIA drone strike killed Zawahiri on August 2, Biden declared, “People around the world no longer need to fear the vicious and determined killer.” What we should fear instead is the dangerous precedent set by Biden’s unlawful extrajudicial execution. […]

Targeted, or political, assassinations are extrajudicial executions. They are deliberate and unlawful killings meted out by order of, or with acquiescence of, a government. Extrajudicial executions are implemented outside a judicial framework.

The fact that Zawahiri did not pose an imminent threat is precisely why his assassination was illegal. […]

“Outside the context of active hostilities, the use of drones or other means for targeted killing is almost never likely to be legal,” tweeted Agnès Callamard, UN special rapporteur on extrajudicial, summary or arbitrary executions. “Intentionally lethal or potentially lethal force can only be used where strictly necessary to protect against an imminent threat to life.” In order to be lawful, the United States would need to demonstrate that the target “constituted an imminent threat to others,” Callamard said. Läs artikel