Proposal for a New Executive Order on Assassination

The purpose of this article is to provide a policy and legal analysis of the U.S. position regarding assassination, as viewed in the context of the lawful use of preemptive military force. In doing so, the article examines the deficiencies of the current Executive Order 12,333 and suggests that it should be replaced by a new executive order which clearly defines the circumstances under which individuals may be lawfully targeted for death by military forces-either in peacetime or war. Alternatively, if a new and more precise executive order is not issued to replace Executive Order 12,333, this article suggests that there are two interlocking principles that militate against overturning Executive Order 12,333. The first of these reasons regards properly interpreting the most common definition of assassination; the second considers the proper use of armed force under the rule of law. Taken together, this article concludes that those who advocate that the ban on assassination should be lifted without modification are essentially advocating that the United States should be able to engage in unlawful killing, or murder