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Drone Warfare: Is the United States Violating the Law of Armed Conflict?

Drone Warfare: Is the United States Violating the Law of Armed Conflict?

Paperback

General LawMilitary StrategyUnited States Politics

ISBN10: 1288255624
ISBN13: 9781288255627
Publisher: Biblioscholar
Published: Nov 9 2012
Pages: 28
Weight: 0.12
Height: 0.06 Width: 6.14 Depth: 9.21
Language: English

The employment of unmanned aircraft systems (UASs) or drones by the United States to kill targeted members of al Qaeda and the Taliban has raised several issues regarding the legality of these operations. The law of armed conflict supports the operation of drones when conducted by combatants, i.e. members of the United States military. The legality of these drone operations when conducted by the CIA is controversial primarily because of the noncombatant status of the CIA operatives. In both instances, however, drone warfare satisfies the principles of discrimination and proportionality of the just war doctrine. While many in the international law community insist the CIA stop operating drones, the author takes the pragmatic position that it is unrealistic to expect the CIA to cease these operations due to their success and the lack of a reasonable alternative in sensitive locations. She argues that most important to the international law community should be transparency and accountability of this weapon's target selection and verification process rather than the distinction of its off-the-battlefield operators. Therefore, the author argues it is time to recognize a paramilitary or quasi-combatant status for CIA operatives engaging in direct hostilities authorized by the President of the United States, as opposed to insurgents who operate under no legitimate authority.

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General Law