Lethal force and drones : the human rights question
Legitimacy and drones : investigating the legality, morality and efficacy of UCAVs
Farnham ; Burlington : Ashgate, 2015
Armed drones are being used – and are likely to be increasingly used – in situations in which the rules on the conduct of hostilities provided for in international humanitarian law do not apply. This can occur when force is used outside of armed conflict situations, but also, in certain cases, in the context of an ongoing armed conflict. It is often stated that the use of lethal force by means of drones in such scenarios is covered by the law enforcement paradigm mainly derived from human rights law. The practical and legal consequences of this position remain unexplored however: beyond the issue of extraterritorial application of human rights law, can drone attacks be used in law enforcement? Can they (ever) respect the principles of absolute necessity and proportionality? How can an escalation of force procedure be applied in such situations? These are some of the key questions this chapter will investigate.
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