Although the use of drones may be considered just under jus as bellum, they will also have to be considered just under the jus in bello principles. They will have to comply with the IHL regarding conduct of hostilities (precaution of attacks), distinction, proportionality, and exclusion of weapons considered unlawful under IHL.
The rules for precaution of attack in relation to conduct of hostilities also connect with the principle of proportionality and distinction. Most rules on precaution of attacks are codified in 1977 Additional Protocol I and are of customary nature. According to the International Committee of the Red Cross (ICRC) this protocol is acceptable in both non-international and international armed conflict. Among the
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Using advanced technology like drones poses safe guard such as surveillance cameras on drones that provide life feed on the target and its surroundings until the last second. However, despite these technological advances that may be of help, there has been many failings to protect civilian life. Relying solely on technology does not eliminate the risk of civilians and is especially distrustful when the government is acting in secrecy. In 2012, The New York Times reported that the Obama administration counts civilian casualties as combatants if they are military-aged males in the strike zone, unless there is explicit evidence proving them innocent. This categorization of civilian …show more content…
The use of drone strikes makes people wonder if it is necessary and proportional to the threat. The principle of proportionality prohibits excessive force, taking consideration of both civilian and militant casualties of war. Even if a target is considered lawful under the IHL, the principle of proportionality still applies and any form of attack that is deemed to violate the principle of proportionality is subject to prohibition of the attack itself. The IHL have banned many weapons after WWII for causing more harm than necessary, such as explosive projectiles, chemical weapons, biological weapons, and cluster munitions. And this is only to name a few that have been banned by treaties like the Declaration of Saint Petersburg (1868), Geneva Protocol (1925), Convention on the Prohibition of Biological Weapons (1972), Convention on the Prohibition of Chemical Weapons (1993), and Convention on Cluster Munitions (2008) to name a few. In the case of Drone warfare, drones itself are not dangerous or illegal, but the way they are being used by the US government raises many issues since civilians are becoming of target whether by accident or on purpose. Verification of the events in Pakistan confirms that militants are not defined strictly to terrorists, but any civilian can be classified as “militants” if they are dressed the same, or even in the same vicinity. Using signal
It is important to analyze the historical implications of UAVs. Would the United states have entered war with Persian Gulf, Kosovo or Iraq if there was potential for retaliation on U.S soil. Would the the United States have entered those wars, if those countries could choose to counter attack with UAVs? A question of proportionate response also creates reasons to believe there are moral downsides to count against using drones. The increase of asymmetric warfare techniques by one side of the conflict leads to the rise of a response in asymmetric warfare by the other side. It is not difficult to see similarities between drones and suicide bombers: one is high tech and the other low tech, neither gives the other
Kaag and Kreps’s main concerns are that drone technology is not consistent with international laws. The reasons for the author’s beliefs is that drone technology do not adhere the principals that international laws consist of. The authors talk about jus ad bellum – the right of war, also interpreted as the right of retaliation on the basis of self-defense – and how that justification is based on false principals. The other principal that the authors feel is being misused is jus in bello – the justification (or lack thereof) to engage in a war – due to the issues with interpretation that is existent in modern warfare. The authors believe that further preventative measures need to be established to insure that drone warfare adheres to international laws.
Since the events of 9/11, drone strikes have become a tool for the United States as it fights a global war against terrorist organizations. The advantages and disadvantages of this particular counterterrorism option continue to be debated. Instead of sending in warfighters to achieve specific objectives, many argue that unmanned combat aerial vehicles provide the U.S. military and government with low-risk and low-cost options as it engages in military operations in other regions of the world. Compared with manned fighter aircraft, some of these unmanned vehicles are able to fly longer without stopping, which affords the U.S. with better intelligence collection and targeting opportunities. Even if the aircraft were shot down, there is not
In President Obama’s speech on drone policy, given on May 23, 2013 in Washington D.C., he asserts, “dozens of highly skilled al Qaeda commanders, trainers, bomb makers and operatives have been taken off the battlefield... Simply put, those [drone} strikes have saved lives.” Many American’s support this view. According to a July 18, 2013 Pew Research survey, 61% of Americans supported drone strikes in Pakistan, Yemen, and Somalia (Drake). However, this belief that drone strikes make the United States safer by decimating terrorist networks around the world is widely contested. An opposing viewpoint is that these strikes create more terrorist than they kill. There is a common misperception that drones are precise, killing only the target and entourage. According to a meta-study of drone strikes, between 8 to 17% of all people killed are civilians (Sing). People who see their loved ones injured or killed in drone
Drones are a better alternative to traditional methods of war because they kill less civilians, are legal under international law, and also that they do not create more terrorists than they kill. These facts will prove that older methods of war such as mortars, and bombs pale in comparison to the drone and the effect they have and will continue to have in the war on terror.
To develop the Department of Defense’s (DoD) position on the reevaluation of the operation and regulations regarding drone warfare. This paper addresses the importance of understanding the risks involved with drone strikes, to include the important violations of international law, the consequential casualties incurred during the strikes and the overall moral issues at hand.
Furthermore, the study revealed that civilian casualties ranged between 18 and 26 per cent of the deaths in Pakistan (Boyle, 2013). Additionally, “President Obama launched more than six times as many drone strikes as President Bush did throughout his eight years in office” (Boyle, 2013, p. 2). As President Obama stated in his speech on May 2013, drones strikes are lethal, accurate, and extremely successful against Al-Qaeda’s High-Value Targets (HVTs). As the statistics show, numerous HVTs like Sheikh Fateh al Masri, Mustafa Abu Yazid, Qari Mohammad Zafar, and Baitullah Mehsud were killed by the drones (Barnidge, 2011). Moreover, it has eliminated “more than half of the top twenty HVTs. It has done so without endangering US pilots” (Plaw & Fricker, 2012, p. 346).
After 9/11, the U.S started to implement policies intended to combat terrorism in hopes of preventing further attacks and bring those who were involved to justice. One such policy that the U.S started was to implement the heavy use of drones- unmanned aircraft capable of bombing specific targets. These drones would be controlled by a pilot remotely from the U.S, thousands of miles from where the strikes were taking place. The U.S used these drones to assassinate suspects who were believed to have been linked to terrorism as well as various targets that were deemed to be associated with terrorism, such as weapons factories. Currently, however, there is a debate on the legality, morality, and effectiveness of drones. One side sees the drones as effective at destroying targets while at the same time, minimizing civilian casualties. On the other hand, the other side believes that drones are reliable for
Much controversy surrounds the use of drone strikes to mitigate terrorism. Many believe it is effective in eradicating terrorists, however the aftermath of the situation is quite contradictory. Drone strikes “kill women, children, they kill everybody. It’s a war,
Drones are an effective counter insurgency tool deployed extensively throughout the world, especially by clandestine intelligence organizations often with the help of the country’s respective Air Force. Not only do they serve as an effective weapon, they minimize human
Terrorism is extremely sensitive subject, and rightfully so. I believe the United States has attempted to help form some form of defense in order to combat the growing threat of terrorism. Although I agree something must be done, I tend to disagree with the strategy. Yet, I will admit I really do not know what I would do if I was in a leadership positions and was forced to make a decision or come up with a plan. One such problem was spoken about by the NPR, in the debate about the US Drone policy. In one manner, Drones provide a safe way for the killing of dangerous individuals without ever putting a US solider in danger. However, Critics are likely to point out these Drone Strike occasionally have civilian causalities. My point simply being
Opponents argue that by removing one of the key restraints to warfare – the risk to one’s own forces – unmanned systems make undertaking armed attacks too easy and will make war more likely. Evidence is beginning to emerge that it is the persistent presence of UAVs sitting over remote villages and towns simply looking for ‘targets of opportunity’ that may be leading to civilian casualties. The CIA oversees drone strikes as part of counterterrorism operations, but US officials refuse to discuss the program publicly. According to a tally by the nonpartisan New America Foundation, since 2004 there have been more than 260 US drone strikes in Pakistan, which the foundation estimates killed between 1,600 and 2,500 people. Not everyone feels comfortable with all this. Critics say that the legal and
After the terror attack of September 11, the U.S. began using drones to help fight the war on “terrorist.” The use of drones has secured the safety of our country to a certain extent. People claim that drone strikes are useful weapons in war because it kills the enemy without putting soldiers in danger. According to the article “At Issue: Targeted Strikes” by Staff, P. states, “Proponents credit drone strikes with the killing of many of top commanders of the Taliban, Al Qaeda, and argue that they are a legal form of self defense. ” The benefit of this is that U.S. soldiers do not have to step foot in unfriendly locations, where they will be exposing themselves to danger. The United States favors drone because “One advantage of drones is that they can be deployed for long periods
Several independent groups, as well as media organizations, have debated the civilian casualty numbers. (Williams, 2013) The issue with the casualties is that there is no exact science for tracking and distinguishing between a civilian and a terrorist or Taliban fighter. The estimates that are the highest are generally the ones reported in the local news and it often builds a perception that the drones are targeting and killing innocent civilians. The local civilian does not understand the protocols or the capabilities that the drones possess to ensure that a strike is exercised prudently. Eventually, what the local press reports becomes the reality and the U.S. loses the trust of the local population. (Williams,
Even during testing, drones only hit within the expected region, 50% of the time, and in reality this percentage could be lowered by uncontrollable forces, such as weather (Chris Cole, 2014). Drones may have better accuracy and lower civilian kill rate than some other weapons, but that does not justify why drones are safe and should be used limitlessly. With people falsely persuaded that drones are “risk free”, the military is less likely to send lethal force, resulting in the United States dragging a longer and less aggressive warfare (Chris Cole, 2014)