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Law Research On Drone Attack

Posted on:2016-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:M SunFull Text:PDF
GTID:2296330464460593Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays, drones are widely used in the battlefield and strikes against terrorists, the legality of drone attack becomes a very controversial topic among countries.There is no international law or agreement to control the use of drone for now. The drone attack activities should keep the principle of national sovereignty and inherent be in the frame of International human rights law and armed conflict law, moreover, someone has to undertake the obligations when they fail. However, the fact is, on one hand, countries which use drones try to give their activities reasonable explanations, on the other hand, countries involved or other countries or international organizations do not consent with them. This essay attempts to unpack these arguments, try to figure out whether the drone attack against the law or not, and how it breaks the laws. Then it gives some instruments to settle these arguments.The essay consists with five parts. Part 1 of this essay defines the drones and introduces some nature of drones,which includes its special value to military equipment. Then this essay discusses some distinguishing features of drone attack and some international laws that the drones should obey. According to these features, it’s obvious that all countries need to equip with drones. Moreover, as a weapon to be used in the attack activities, any country shouldn’t break these laws. Part 2 exposes one of the widely discussed controversy on drones, sovereignty problem. In this part, it discusses the nature of drone attack overseas and some kinds of situation that drones violate nation sovereignty. Part 3 exposes the controversy about International Human Rights Law. In this part it points out legal application of drone attack and targeted killing is illegal. Part 4 exposes the controversy about Armed Conflict Law, it analyzes the legality of drones and drone attack under the frame of Armed Conflict Law. And part 5 exposes burden of liability and some other involved problems. Meanwhile, at the end of each part, this essay provides some advises to solve the discussed problems. It mentions the UN Security Council should take some responsibility, enhance the countries cooperation, and formulate domestic law and international law involved drones.
Keywords/Search Tags:Drone Attack, Nation Sovereign, International Human Rights Law, Armed Conflict Law
PDF Full Text Request
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