State use of unmanned military aircraft: a new international order?

Abstract

In October 2013, CNN reported that 400 civilians had been killed in Pakistan by unmanned aircraft (UA) (Unmanned aircraft are sometimes referred to in this article as drones) since President Obama took office in 2009. Transnational legal theory suggests that such attacks are illegal and, in 2009, the United Nations special rapporteur on extra judicial killings suggested that the use of drones by the Obama administration in Afghanistan and Pakistan was untenable and contrary to international law. The underlying concerns with regard to legal issues are state sovereignty, responsibility, and liability. One of the contentious issues would be whether unmanned aircraft flying outside their permitted areas violate state sovereignty, and if so—what can be done to prevent future UA violations of sovereignty of the airspace. Another would be, as earlier mentioned, whether the killings carried out by drones amount to extra judicial killings. The focus of this article is on legal challenges and whether military functions of UA can be brought under international regulation. Despite the inherent advantages of this relatively new mode of aviation—such as camouflage, low cost, and the avoidance of risk to the pilot on board in UA operations—serious concerns abound, which go to the heart of the law of humanity. This article addresses these concerns from a legal perspective.