Sunday, 8 September 2013

Legal opinion : The Drone Arms Race in the 21st Century

Legal opinion : The Drone Arms Race in the 21st Century

Legal opinion : The Drone Arms Race in the 21st Century

The Drone Arms Race in the 21st Century

The drone arms race is rapidly proliferating and drone technology is developing at an alarmingly fast pace with a commanding US $94 billion market. The US, being the pioneer in this drone arms race, has a massive drone fleet in at least 60 drone bases operated by either the US military or the CIA around the world and most of these facilities are unnoted, uncounted, and anonymous. Chinese contractors have recently unveiled 25 types of drone aircrafts. As recently as in December 2011, Iran captured a US drone in Iranian airspace, not by shooting it out the sky but with its cyber warfare team. Turkey has also revealed its plan of having predatory drones in operation by June 2012. Georgia is currently testing autonomous drones requiring no human control at all. There may well be other countries deeply engaged in developing drone capabilities in confidence. There are already birdlike drones, underwater drones, drones within drones, facial recognition drones, and completely autonomous drones.
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In its war on terror since the September Eleven, the US has consistently been using its drone fleet for both surveillance and combat missions particularly in Afghanistan and Pakistan for targeted killings by firing missiles, and spying on insurgents through intelligence gathering and capturing video footages of cities and hideouts. In many instances, the US authority is not sure exactly who its drone operations are killing. The mass media and the UN reports are littered with unarmed and innocent civilian killings and property destructions. But the US justifies its drone operations as an act of self-defence against terrorism. Pakistan on the other hand publicly and vehemently denounces drone strikes in its territory. It maintains that the US drone attacks in Pakistan have killed and injured innumerable civilians and damaged their properties and that these drone attacks are acts of aggression in violation of its sovereignty. The steady buzzing of predatory drones overhead has become a grim and terrifying fact of life today for many civilians living around the Pak-Afghan borders. Against this background, a group of human rights based voluntary non-governmental organizations (NGOs) has launched a worldwide campaign for a halt to the drone bombing and legal redress for innocent civilian victims.
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Obviously the drone arms race has legal implications for the principle of the prohibition of use of force in international relations under Article 2(4) of the UN Charter, which the International Court of Justice (ICJ) held as one of the jus cogens norms of international law and permissible uses of force as an act of self-defence under Article 51 of the UN Charter. The drone arms race also impacts on the UN agenda of disarmament as a precondition of achieving and sustaining international peace and security.

The NGO group referred to is seeking from you an international law based opinion on the legality or illegality of US drone attacks in Pakistan. Do these attacks violate the sovereignty of Pakistan? Is there any available international legal avenue to halt these drone killings and provide redress to victims? Provide a legal opinion on these issues.

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