Abstract
There is a notable absence of legal approaches to the discourse evaluating use of drones. Even when drones are discussed in a legal context, arguments assert that drones require a new legal regime to adapt to modern qualities and circumstances. In the alternative, this paper argues that drones compatibly fit into existing legal regimes, particularly international criminal law (ICL) and international humanitarian law (IHL) in accordance with general principles of international law. This paper argues that use of drones in armed conflict fits within existing laws governing use of force as the frameworks in use today. It demonstrates that ICL and IHL provide flexible guidelines appropriately suitable to particulars of drones, such as types and capabilities, but more importantly, they continue to provide legal governance applicable to drones as weapons. Legal uncertainty as to the use of drones is thus evaluated within the hypothetical exploration of drone usage culminating in a war crime before the International Criminal Court (ICC).
Highlights
International Law, Drones, International Criminal Law, International Criminal Court, International Humanitarian Law, Drone Warfare, International Crimes, War Crimes
This paper has argued that while drones are not without issues, and their use could result in commission of international criminal offenses; they fit within compatible existing legal frameworks such as international humanitarian law (IHL) and customary law
It is not whether or not there are laws sufficient to govern the facilitation of drone use but whether these existing laws are compliantly followed (Vogel, 2011)
Summary
“In spite of the Terminator-like creepiness associated with machines seemingly making war on human beings, there is nothing legally unique about using unmanned drones as a weapon delivery platform that requires the creation of new or different laws to regulate their use” (Lewis, 2012). Un-armed drones could be used to locate and bring aid to victims endangered from natural disasters In another instance, drones could be used to drop humanitarian aid pallets to areas unable to be accessed by other means due to insufficient transportation or otherwise dangerous conditions prohibiting physical presence. Drones could be used to drop humanitarian aid pallets to areas unable to be accessed by other means due to insufficient transportation or otherwise dangerous conditions prohibiting physical presence These functions correlate with the variety and sizes of drones—from roughly the size of small aeroplanes to newer capabilities speculated to equal the size of a small insect (Knoops, 2012). Smaller drones are unarmed and are primarily used for reconnaissance and target acquisition, while larger drones are equipped with missiles and used for higher altitude reconnaissance or to conduct aerial bombing campaigns (Vogel, 2011)
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