Drones and IHL

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A modification within the paradigm of armed conflict has begun to manifest itself, due to no small part of the United States self-proclaimed war on terror; it is the use of military drones. In addition, this war is being conducted on a global scale, these drones provide a more nimble and swifter approach, however, can these devices be compliant under IHL? In addition, the case against drones includes violations of sovereignty, excess death of civilian along with destruction of civilian infra structures and extra-judicial killings. These are legitimate concerns and depend-ing on how these devices re used will determine how these concerns are dealt with According to IHL as represented by the ICRC, a weapon is banned if it has the following: bullets that expand or flatten in the human body, poison and poisoned weapons, chemical weapons, biological weapons; weapons that injure by fragments which, in the human body, escape detection by X-rays; incendiary weapons; blinding laser weapons; Explosive Remnants of War and Cluster Munitions. Not mentioned are nuclear ordinances, which would be covered under proportionality and indiscriminate use. The International Committee of Red Cross contains a listing of the rules concerning IHL; here is a partial reading governing armed conflict 1. Everyone must be entitled to benefit from fundamental judicial guarantees. No one must be sentenced without previous judgment pronounced by a regularly constituted court. No one must be held responsible for an act he has not committed. No one must be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment. 2. Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of w... ... middle of paper ... ...strike, and that if “consent is withheld, a strike will not go ahead (Columbia Law School).” Five, regarding the use of autonomous drones, there must a hu-man in charge of the mission to monitor the drone with means to kill the drone if it veers from its mission Military drones do have purposes other than being a weapon; the devices can be used to deliver medical aid and other humanitarian supplies. Military drones can aid in investigation of IHL/LOAC violations, search and rescue operations, reconnaissance and surveillance. Through transparency, over sight and consequences for those who decide to go against established proce-dure, The United States can create via customary law the manner these military drones will be used and still adhere to IHL/LOAC. The question, are military drones legal depends on what their mission is, how they are equipped and whom you ask.

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