THE KILLING OF AYMAN AL-ZAWAHIRI: ON ITS LEGALITY AND WHY THE U.N. SHOULD CLARIFY THE 'UNABLE OR UNWILLING' DOCTRINE.

I. INTRODUCTION II: HISTORY: THE "UNWILLING OR UNABLE" TEST UNDER CUSTOMARY INTERNATIONAL LAW A. The "Unable or Unwilling" Test and Its Limits B. Origination and Implementation of "Unable or Unwilling" [...]
On July 31, 2022, the Biden Administration successfully eliminated al-Qaeda leader Ayman al-Zawahiri in Kabul, Afghanistan via drone strike. This killing represented a continued implementation of U.S. policy forged after the September 11th attacks to eliminate al-Qaeda members wherever they seek shelter. Nevertheless, the United States has refrained from filing an Article 51 notification of self-defense to justify its use of force against Afghanistan. With the United States asserting that the Taliban was "unwilling or unable" to neutralize Zawahiri's threat, existing international law fails to provide clear guidelines on addressing this determination. The following Note attempts to examine the legality of the strike through implementation of the Deeks Factors Test of "unable or unwilling." Further, this Note advocates for a U.N. Resolution to establish a robust "unable or unwilling" framework, to provide states with a standard to consider when assessing the use of force against non-state actors.