Time to Repeal the Assassination Ban of Executive Order 12,333: A Small Step in Clarifying Current Law [open pdf - 218KB]
This article calls for a repeal of the assassination language found in paragraph 2.11 of EO 12,333. Repealing the language would not make assassination legal. It would, however, eliminate some of the confusion over assassination and push the focus of the debate back to the proper applicable law, that is, federal and international law. First, this article discusses the definitions of assassination as applied during both war and peacetime, and it provides a brief history of the law prohibiting assassination. Second, it looks at the environment and context in which the President promulgated the original executive order prohibiting assassination, and it provides an analysis of the confusion surrounding the prohibition of assassination found in EO 12,333. Finally, it offers justification for the repeal of EO 12,333, paragraph 2.11, concluding that upon repeal Congress and the executive branch could respond to foreign crises more effectively, consistent with international conventional and customary law.
Military Law Review, v.172, June 2002, p. 1-39