Unmanned aerial vehicles and the scope of the "combat zone" : some thoughts on the geographical scope of application of international humanitarian law / Robert Heinsch
The fight against international terrorism, but also the development of new weapons technologies has led in recent years to the phenomenon that the way hostilities are conducted has changed significantly. The times where wars were fought as a man-to-man battle on a clearly defined battleground with the object to obtain territory seem to be over, especially since nowadays more and more fighting activities take place by using remote controlled drones and other comparable weapons systems. As a result, we now witness an increasing distance between the initiator and the target of an attack, e.g. the targeted killing of potential terrorists in the mountains of Pakistan by US drones which are controlled form an operation centre located in Texas. The questions that arise for international humanitarian law are whether these scenarios have to be seen within the scope of international humanitarian law, and if so, whether the existing rules are still able to deal with this type of weapons, or whether we need a reform of the current international humanitarian law regime. This paper will focus primarily on the first question, and examines whether we have to think about expanding the concept of the "combat zone" or the geographical scope of international humanitarian law. In addition, we will look briefly on how this issue is related to the application of international human rights, especially in cases of so-called "targeted killings".
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