Unmanned, unprecedented, and unresolved : the status of American drone strikes in Pakistan under international law
Author zone:
Andrew C. Orr
Host item entries:
Cornell international law journal, Vol. 44, issue 3, fall 2011, p. 729-752
Languages:
English
General Note:
Photocopies
Abstract:
This note considers some of the unresolved legal questions surrounding the United States' drone program in Pakistan. Part I provides background on the CIA's use of predator drones to target terrorists in Pakistan and describes the facts relevant to the present analysis. Part II argues that the campaign as a whole is permissible as a result of Pakistan's failure to prevent al Qaeda operations within its borders. Part III considers the drones' compliance with in bello requirements, but concludes that a thorough assessment is impossible given the limited availability of facts. Part V presents a comparison between the law applicable to the drone program and that of espionage, an area of international law fraught with ambiguities and paradoxes of its own.
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