Targeted Killing: The Case of Anwar Al-Aulaqi

John C. Dehn, United States Military Academy at West Point

Abstract

n April 2010, U.S. officials announced that Anwar Al-Aulaqi, a Muslim cleric and dual U.S.-Yemeni citizen, was added with the ap- proval of the White House to a list of suspected terrorists that the CIA is authorized to kill. In December 2010, United States District Court Judge John Bates dismissed a suit brought by Mr. Al-Aulaqi's father which challenged the constitutionality the order without judicial re- view. Judge Bates held that Al-Aulaqi's father lacked standing and that the decision was unreviewable under the political question doctrine. West Point Professor John C. Dehn argues that while the addition of Al-Aulaqi to the CIA's kill list may be controversial, it is not pre- sumptively unlawful or unconstitutional and thus Bates's disposition was correct. Dehn goes on to contend that Judge Bates's discussion of the political question doctrine was unnecessary given his standing de- cision and vague in its application. Dehn posits that Supreme Court precedent clearly allows for judicial review of executive war measures, and suggests that a "probable cause" standard for targeted killing is the most prudent and workable one available.