1. From Cornell Int'l Law Journal Spring 1992:
Although the ban on assassination contained in Executive Order 12,333 has the force and effect of a congressional statute,12 the President can evade the order's mandate and legally carry out the assassination
Although the ban on assassination contained in Executive Order 12,333 has the force and effect of a congressional statute,12 the President can evade the order's mandate and legally carry out the assassination
2.
of a foreign leader in four ways. He [sic] could:
(1) Ask Congress to declare war, in which case a foreign leader exercising command responsibility would become a legitimate target;
(2) Construe Article 51 of the United Nations Charter to permit the
of a foreign leader in four ways. He [sic] could:
(1) Ask Congress to declare war, in which case a foreign leader exercising command responsibility would become a legitimate target;
(2) Construe Article 51 of the United Nations Charter to permit the
3.
assassination of a foreign leader based on either a right to self-defense or a right to respond to criminal activities;
(3) Narrowly interpret the order as not restricting the President as long as he does not approve specific plans for the killing of individuals;
or
assassination of a foreign leader based on either a right to self-defense or a right to respond to criminal activities;
(3) Narrowly interpret the order as not restricting the President as long as he does not approve specific plans for the killing of individuals;
or
4.
(4) Overrule the order, create an exception to it, or permit the Congress to do the same.
By using any of these methods, a president could theoretically order the assassination of a foreign leader without violating Executive Order 12,333.
(4) Overrule the order, create an exception to it, or permit the Congress to do the same.
By using any of these methods, a president could theoretically order the assassination of a foreign leader without violating Executive Order 12,333.
