Jump to ContentJump to Main Navigation
Drones and the Future of Armed ConflictEthical, Legal, and Strategic Implications$
Users without a subscription are not able to see the full content.

David Cortright, Rachel Fairhurst, and Kristen Wall

Print publication date: 2015

Print ISBN-13: 9780226258058

Published to Chicago Scholarship Online: January 2016

DOI: 10.7208/chicago/9780226258195.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use (for details see http://www.chicago.universitypressscholarship.com/page/privacy-policy).date: 11 December 2017

International Law and Drone Attacks beyond Armed Conflict Zones

International Law and Drone Attacks beyond Armed Conflict Zones

Chapter:
(p.63) Chapter Four International Law and Drone Attacks beyond Armed Conflict Zones
Source:
Drones and the Future of Armed Conflict
Author(s):

Mary Ellen O’Connell

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226258195.003.0004

This chapter presents the international legal framework that governs targeted killing in settings beyond accepted zones of armed conflict. The legal justifications that have been proffered in support of the US government’s targeted killing policy have questionable validity. The author argues that the United States’ use of drones outside of the armed conflict in Afghanistan does not qualify as an exception to the general prohibition on the use of force found in the UN Charter and the international laws of war. The legal argument for Pakistani ‘consent’ to drone strikes on their territory is problematic, as is the claim that military action is permissible outside of a recognized war zone when the state in question is ‘unwilling or unable’ to respond to the problem of terrorism. The chapter calls for the United States to ensure that its targeted killing policies are fully compliant with international law.

Keywords:   consent, continuous combat function, Afghanistan, Pakistan, Yemen, United Nations, self defence, last resort

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.