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The Legality of Drones Strikes Under International Law and its Impact on International Peace and Security
Drone warfare not only poses serious challenges to the principle of non-intervention and state sovereignty under international law but also has serious implications for international relations. The illegality of the drone campaign can be assessed by examining two branches of international law: International Humanitarian Law (IHL) and International Human Rights Law (IHRL). Serious Jus ad Bellum challenges are presented when force is employed against non-state actors situated in a state not at war with the aggressor state. Furthermore, under the law of war doctrine of Jus en Bello the principles of proportionality, distinction, humanity and military necessity are not being conformed to when the drone platform is employed. The use of drones in foreign territory also raises serious questions of human rights violations extraterritorially and in conjunction with the application of IHL. One of the most important issues regarding the legality of drones is centered on how, if at all, the doctrine of state consent is evolving because of the threat posed by transnational terrorism and revised national security imperatives. Drones' technologies and weaponry cannot be assessed statically but as dynamic and evolving mechanisms. Furthermore, the increasing reliance on automation poses serious challenges relative to qualitative assessments that are required with deadly use of force is being employed.
The lecturer intends to provide answers to all these questions and relate them to each other for determining most effectively how drone warfare poses serious challenges for the promotion of International peace and security and the global rule of law.
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