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Easy Call: The Strike on Soleimani Was Lawful

(Wall Street Journal) Alan M. Dershowitz - There can be no serious debate about the president's constitutional authority to order a single attack on an enemy combatant who has killed and is planning to kill American citizens. Presidents Bill Clinton, George W. Bush and Barack Obama issued such orders. The targeting of Soleimani was more justified, as a matter of law, than the targeting of Osama bin Laden in 2011. The killing of Soleimani was in large part an act of prevention, whereas the killing of bin Laden was primarily an act of retaliation. The killing of Soleimani was also entirely legal under international law. The Quds Force commander was a combatant in uniform who was actively engaged in continuing military and terrorist activities against Americans. The rocket that killed him and a handful of others was carefully calibrated to minimize collateral damage, and the resulting death toll was proportionate to the deaths it may have prevented. The writer is a professor emeritus at Harvard Law School.
2020-01-07 00:00:00
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