When Death Becomes Murder: A Primer on Extrajudicial Killing

William J. Aceves is the Dean Steven R. Smith Professor of Law at California Western School of Law.

International law prohibits the arbitrary deprivation of life, which includes extrajudicial killing. This norm is codified in every major human rights treaty and has attained jus cogens status as a non-derogable norm in international law. In the United States, the Torture Victim Protection Act (“TVPA”) establishes civil liability for extrajudicial killing. As evidenced in the TVPA’s text and legislative history, the definition of extrajudicial killing is based on international law. Despite the clear meaning of the TVPA’s text and the clarity of international law, the TVPA’s definition of extrajudicial killing is still contested in litigation, and some courts express uncertainty about its meaning. This raises a simple question: what constitutes an extrajudicial killing? This Article reviews the status of extrajudicial killing and clarifies its discrete elements under international law. It then considers the status of extrajudicial killings in the case of Mamani v. Berzain, a TVPA case involving the responsibility of the former President and Defense Minister of Bolivia for the killing of civilians in a 2003 government crackdown.

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  2. Extra Judicial Killing

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  4. Extrajudicial Killings

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COMMENTS

  1. When Death Becomes Murder: A Primer on Extrajudicial Killing

    Despite the clear meaning of the TVPA’s text and the clarity of international law, the TVPA’s definition of extrajudicial killing is still contested in litigation, and some courts express uncertainty about its meaning. This raises a simple question: what constitutes an extrajudicial killing?

  2. Advantages And Disadvantages Of Extra Judicial Killing

    906 Words4 Pages Nowadays the effect of drugs through humanity goes deeper. A lot of drug lords and pushers were killed by the authority and some anonymous people were killed because of illegal drugs. What are some advantages and disadvantages of implementing extra judicial killings in our society?

  3. Essay On Extrajudicial Killing

    Some claim extrajudicial killing as a solution for eradicating crime because it lessen the number of criminals and it is an easier way of eradicating criminals but extrajudicial killing is also a crime, it deprives the life of a certain person, and does not show any evidence that the one who was killed was a criminal.

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    Ejk - This is an essay about extrajudicial killings in the Philippines. - The Rise of Extrajudicial - Studocu Ejk - This is an essay about extrajudicial killings in the Philippines. University: De La Salle-College of Saint Benilde Course: BS Accountancy (BSA 2004) 826 Documents More info Discover more from: BS AccountancyBSA 2004

  5. “If you are poor you are killed”: Extrajudicial Executions in

    Philippines: The police’s murderous war on the poor. · Extrajudicial executions may amount to crimes against humanity. · Police plant evidence, take under-the-table cash and fabricate reports. · Paid killers on police payroll. Acting on instructions from the very top of government, the Philippines police have killed and paid others to kill ...