Article

Drones : a proposal for new policy inclusive of independent judicial oversight

Milena Sterio

• Wake Forest journal of law and policy, Vol. 5, no. 2, 2015, p. 469-511

English

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This article argues that the United States (US) must develop a transparent and comprehensive policy on their use of drones across national borders. The US conducts lethal drone strikes in “traditional theaters of war”, but also CIA-operated strikes against suspected terrorists located in countries which are not at war with the US. The covert nature of these operations precludes experts and the public from assessing the legality of the US drone program under domestic and international law. The existing US drone policy sheds little light on the government’s decision-making process for determining the identity of appropriate targets, and insulates the government from judicial oversight. This unnecessarily prioritizes security over transparency. To properly hold the US executive accountable, independent judicial oversight is needed. Many experts advocate for an adversarial “drone court”, composed of federal judges and operating ex parte. The author suggests that a drone court could provide independent judicial oversight over targeting decisions before a lethal strike by evaluating the imminence of the threat posed by a specific target, whether a lethal strike is necessary in response, and ensuring decisions to use lethal force are reached pursuant to clear, well-defined targeting practices. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

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