Extrajudicial killings, also known as extralegal killings, are deliberate unlawful killings carried out by order of a government or criminal organization. Extrajudicial killings violate international law and the domestic laws of most countries. They should not be confused with wrongful deaths due to excessive use of force without the intent to kill, such as occurrences where lethal force is used when not absolutely necessary.
Though extrajudicial killings violate both international law and domestic criminal laws, governments sometimes use them as a tool of political control or repression. Government-sponsored death squads are somewhat notorious for carrying out organized extrajudicial killings, often with the covert support or tolerance of government officials. Death squads target political dissidents, rivals, scapegoats, and civilians. Another situation where extrajudicial killings may occur is during periods of conflict or political instability, for example during civil wars or acts of terrorism.
There are several reasons why governments carry out extrajudicial killings. First, they provide a way to quickly and decisively neutralize real or imagined threats to national security without due legal process. They are seen as more expedient than arresting and prosecuting suspected criminals, rebels, or political opponents through the courts. Extrajudicial killings also act as a coercive tool for population and state control through creating an atmosphere of fear and intimidation. Finally, governments are less answerable for actions taken under the guise of national security compared to proper law enforcement. Extrajudicial killings completely disregard due process and the rule of law, and often target innocent civilians which undermines the legitimacy and moral authority of the government.
Research on the human rights implications and psychological impacts of extrajudicial killings has found severe negative consequences. One study analyzed the mental health effects on communities subjected to organized state violence and found high rates of post-traumatic stress disorder, depression, and anxiety. The arbitrary and unlawful nature of extrajudicial killings terrorizes civilian populations and severely damages social trust in government institutions meant to protect basic rights and security. At a broader level, a culture of impunity fostered by deliberate state killings undermines the formation of democratic political cultures respectful of civil liberties and the integrity of the justice system.
Several methods are commonly used to carry out extralegal targeted killings by governments or armed groups. Assassinations involve carefully planned and coordinated attacks to kill specific high profile individuals, usually using firearms or explosives. Assassinations target individual political leaders, military officers, or civil society figures. Death squads operate as roving squads carrying out systematic arbitrary killings of anyone suspected of opposing the government or their criminal activities. They spread fear through terrorizing entire communities. “Disappearances” secretly abduct and illegally hold victims incommunicado before killings them and hiding evidence of their deaths.
Holding perpetrators legally accountable for ordering or facilitating extrajudicial killings is challenging due to issues of jurisdiction and lack of transparency around state crimes. International organizations have sought to curb the practice and provide redress to victims through developing international human rights law and judicial mechanisms. For example, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions investigates alleged violations and recommends measures. The International Criminal Court has prosecuted individuals for war crimes and crimes against humanity which include unlawful killings during conflicts. More action is still needed to fully eliminate the impunity surrounding extrajudicial killings committed as state policy. Overall, research consistently finds that extrajudicial killings gravely undermine the rule of law, violate basic rights, and cause significant long term social and psychological damage. Upholding due process and civil liberties even during unstable times remains crucial for building just, democratic and peaceful societies.