International Studies Journal (ISJ)

International Studies Journal (ISJ)

A Scrutiny in the Legitimacy of Drones under International Law

Document Type : Extension Article

Authors
Master graduated of International Law from Allameh Tabatabai University
Abstract
The United States of America first used the weaponized drone during the combat in Afghanistan that began in October 2001. Increasing the use of drones by the United States impliedly makes the weaponized drone a part of the Obama administration policy in combating against terrorism. However they claim to promote its activacy in selecting the goal, 45 people were killed in Yemen including 5 pregnant women in their recent attack. According to the Article (22) of the fourth Hague convention “The right of belligerents to adopt means of injuring the enemy is not unlimited”. In addition based on the Article (35)(1)of the Protocol Additional (I) to the Geneva Conventions “In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited”. This meaning completed by the Article (51) (5)(b)of this Protocol “an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”. Furthermore we have to bear in our mind that the kind of weapons they carry is the matter not just the drone itself. Additionally the United State has been using drones against countries like Pakistan and Yemen where there is no armed conflict between these two countries. Hence this Article will discuss whether the uses of drones comply with international law especially the international humanitarian law. This paper further elaborates on the effectiveness of drones in counter terrorism.
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