Legality Of Drone Warfare Under International Humanitarian And Human Rights Law

Abstract

The use of unmanned aerial vehicles (UAVs), or drones have transformed the contemporary warfare by allowing states to achieve precision in targeted killings like never before and at the lowest levels of risk to the military personnel. Nonetheless, this technology has also brought with it complicated legal and ethical issues with regards to whether it complies with the international humanitarian law (IHL) and international human rights law (IHRL). By comparing[1] the experimental application of contemporary drone strike with the principles of distinction, proportionality, and necessity promoted by the IHL, as well as protecting the right to life and due process guaranteed by IHRL, this paper critically discusses the legality of drone warfare. It also discusses the controversial intersection of these legal regimes, pointing to difficulty in aligning wartime and peacetime standards in transnational counterterror operations. The paper proposes that drone operations, though possibly in compliance with the technical conveyances of lawful warfare might in a large number of cases be inconsistent with the ethos of human rights promotions and responsibilities. Finally, the research highlights the importance of establishing a global regulatory structure to bring about transparency, controls, and application in the operation of drones. Keywords: Drone warfare, targeted killings, international humanitarian law, international human rights law, legality, proportionality, accountability.