Font Size: a A A

The Legitimacy Of The Use Of Drones On Battlefield

Posted on:2015-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z HuangFull Text:PDF
GTID:2296330467479249Subject:International Law
Abstract/Summary:PDF Full Text Request
Drones were first been invented almost at the same time as planes. The prototype ofdrones had already appeared in late19thcentury. In accordance with the use of drones, itcan be classified into civilian drones and military drones. Unless otherwise noted, dronesrefer to all military UAV drones. U.S. Department of Defense defines UAV as a “poweredaerial vehicle that does not carry a human operator,... can fly autonomously or be pilotedremotely, can be expendable or recoverable, and can carry a lethal or non-lethal payload.”Drones can basically be the armed UAV and unarmed UAV, while the former containsland-based patrol bomber, UCAV, and J-UCAS. Due to only UCAV is operated into theactual battlefield at the time, so the legal review is going to determine the legality ofdrones and the legality of the use of them. While the type of drones are differ, the use ofthem also differ from each other.Since911, the United States began using drones publicly or secretly in the followingarmed conflict, target killing the leaderships of Taliban and al-Qaeda. However, disputeswere boiling up with the success of target killing. And as a matter of fact, the use of droneson the battlefield of the war on terror has caused inproportionate death of civilian. It isundoubtly that the international humanitarian law should be applied in the war on terror.Therefore, the use of drones should be limited, it should be regulated by the rules of theinternational humanitarian law, not to mention the foundamental doctrines.According to Article36of Additional Protocol I of Geneva Conventions, countriesshould set up review mechanisms which will determine whether the new weapons, ormeans and methods of warfare are lawful. Even if a weapon is a modification type of aformer weapon, we have to treat it as a new weapon and examine it. It’s easy to see whythe drones are new weapons. Weapons and the use of them can’t be seperately deliberately.While reviewing them, it will be better to examine the drones themselves as well as theuse of them. The international humanitarian treaties and doctrines, customary internationallaw, as well as some other factors should be apply to while reviewing. Thus, we shalldetermine the review on drones in this way. By reviewing the legality of drones and theuse of them, they are lawful, but it must be used in cautious with some restrictions.The use of drones on battlefield is not illegal. But when comes to the consequencesof using it, it should be limited by the basic rules of international humanitarian law, thecustomary international humanitarian law, as well as the foundamental doctrines.
Keywords/Search Tags:the use of drones, legitimacy, the war on terror, legal review of newweapons, operational means and methods
PDF Full Text Request
Related items