Civilian casualties and drone attacks : issues in international humanitarian law
The liberal way of war : legal perspectives
Farnham ; Burlington : Ashgate, 2013
Bibliographie : p. 135-138
In addressing the rules of international humanitarian law that regulate civilian casualties that often accompany the use of drones, this chapter proceeds in three parts. The first section highlights the controversy over how many of these casualties have actually been uninvolved civilians, which engages the thorny issue of direct participation in hostilities. This portion of the chapter reviews the International Committee of the Red Cross (ICRC)'s newly released Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law (Melzer 2008a) (hereafter Interpretative Guidance), which was adopted by the Assembly of the International Committee of the Red Cross on 26 February 2009, and assesses whether it provides sufficient clarity in this area. The second section of this chapter briefly reviews issues of targeting and the cardinal principle of proportionality. The third and pivotal section of this chapter introduces the little discussed but very real obligations in international humanitarian law towards missing and dead civilians. Regardless of wether or not the rules of international humanitarian law are complied with, civilians who are killed in these attacks are entitled to a dignified burial.