Philip Alston's report on targeted killings, delivered to the United Nations' Human Rights Council this week, has received a lot of attention for being the first big takedown of the United States' clandestine drone program.
Alston makes a measured and reasoned legal attack on the general use of targeted killings by governments against non-state actors, but he specifically criticizes the American drone campaign in the Middle East, expressing doubt that the U.S. can claim to be in an armed conflict with Al-Qaeda and concluding that, "[o]utside the context of armed conflict, the use of drones for targeted killing is almost never likely to be legal."
But Howard Koh, the top Obama administration official to attempt a public legal defense of the use of drones, has invoked America's "armed conflict with al-Qaeda, the Taliban and associated forces" as a justification for taking out individual fighters and leaders. So who's right when everybody's wrong?





