30 Pages Posted: 10 Mar 2013

Date Written: February 9, 2013

Abstract

Controversies surrounding the National Defense Authorization Act of 2012, which seemed to authorize military detention of U.S. citizens in the United States, and the targeted killing of Anwar Al-Aulaqi, a U.S. citizen living in Yemen, have raised serious questions about how the laws of armed conflict apply within the United States and to U.S. citizens. This paper will explore the implications of the law of armed conflict in the United States by asking the question, “Could the U.S. military launch an armed drone strike targeting a U.S. citizen within the United States?” While the scenario is certainly disturbing, it is most likely legal under current U.S. domestic law and probably lawful under customary international law.