Reply #98: One question here is whether he can be apprehended.

[Vattel]

If it is likely that he will murder if not apprehended or killed, and it is impossible to apprehend him, then due process would not be violated by killing him. I don't know how strong the evidence is that he poses a significant threat of serious harm, nor do I know how feasible apprehension might be. So like you I am worried about whether due process is being respected, but unlike you I'm not convinced that it is.