International Humanitarian Law (IHL) allows combatants to target other combatants, but prohibits attacks on civilians, and International Human Rights Law (IHRL) has protections against taking a life during combat. An extrajudicial killing is a killing carried out by a state (or its agents) without a judicial process. Some examples:

War becomes extrajudicial killing when targeting civilians, journalists, doctors, and others not taking part in the hostility, or by killing captured and surrendered combatants. This killing can occur during indiscriminate bombing of combatants or by using unreasonable force in comparison to the combatant. For example, if the United State had dropped additional atomic bombs on Japan after they had surrendered this would have been deemed extrajudicial. Finally, for killings arising outside of an armed conflict, the killings may fall under human rights law only, but this would still make most state killings unlawful and extrajudicial.

The 16th president of the Philippines, Rodrigo Duterte, is currently being held in The Hague by the International Criminal Court for ordering the extrajudicial killings of Filipino civilians in the name of fighting his drug war. In a similar manner, President Donald Trump has ordered the extrajudicial killing of Venezuelan civilians using drones, all in the name of fighting his drug war. Under normal circumstances, the US coast guard would board an alleged ‘drug boat’ to find drugs and then arrest the occupants so that they may face trial in a US court; this is called the right to due process as specified in the 5th and 14th Amendments. In defense of Donald Trump, President Barack Obama (2009-2016) used drones to kill many civilians in Afghanistan as he prosecuted his war against the Taliban. Donald Trump being no fan of Barack Obama would certainly use Obama’s apparent transgressions in Afghanistan in his defense at The Hague.