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29 Drones: A Unique Danger to International Law

  • Agnès Callamard and Carolyn Horn
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De Gruyter Handbook of Drone Warfare
This chapter is in the book De Gruyter Handbook of Drone Warfare

Abstract

The proliferation of inexpensive drones is challenging the international legal regime that has been in place since the end of World War II. What started as targeted drone attacks by a handful of Western powers against alleged terrorists, with dubious adherence to international law, has now been adapted to use by State and non-State actors alike in multiple regions. The prohibition against the use of force, contained in the United Nations Charter, is routinely ignored, the right to life of those living under the continuous threat of drone attack is repeatedly violated, and increasingly the power to launch significant military attacks is in the hands of individuals. The next generation of drones is likely swarming autonomous armed drones, potentially making weapons of mass destruction generally available. A primary justification for drones - their alleged precision - is a myth, and the more recent version of this claim for autonomous drones, that they will be potentially more compliant with international humanitarian law, is likely equally untrue. But this focus is too narrow. The increasing use of drones is a destabilizing force, undermining the international legal order. Autonomous armed drones will magnify and accelerate this trend. Multiple measures are required to prevent this dystopian future, including a legally binding international instrument that would include, among other provisions, a ban on the development, production, use of and trade in autonomous weapon systems that by their nature cannot be used without meaningful human control over the use of force.

Abstract

The proliferation of inexpensive drones is challenging the international legal regime that has been in place since the end of World War II. What started as targeted drone attacks by a handful of Western powers against alleged terrorists, with dubious adherence to international law, has now been adapted to use by State and non-State actors alike in multiple regions. The prohibition against the use of force, contained in the United Nations Charter, is routinely ignored, the right to life of those living under the continuous threat of drone attack is repeatedly violated, and increasingly the power to launch significant military attacks is in the hands of individuals. The next generation of drones is likely swarming autonomous armed drones, potentially making weapons of mass destruction generally available. A primary justification for drones - their alleged precision - is a myth, and the more recent version of this claim for autonomous drones, that they will be potentially more compliant with international humanitarian law, is likely equally untrue. But this focus is too narrow. The increasing use of drones is a destabilizing force, undermining the international legal order. Autonomous armed drones will magnify and accelerate this trend. Multiple measures are required to prevent this dystopian future, including a legally binding international instrument that would include, among other provisions, a ban on the development, production, use of and trade in autonomous weapon systems that by their nature cannot be used without meaningful human control over the use of force.

Chapters in this book

  1. Frontmatter I
  2. Contents V
  3. 1 Introduction: Why Study Drones? 1
  4. Part 1: Approaches to the Study of Drone Warfare
  5. 2 What Is Drone Warfare? 9
  6. 3 Defining Drones 25
  7. 4 Drones and International Law 41
  8. 5 Drone Imaginaries 57
  9. 6 A Gendering of Drones 69
  10. 7 Critiquing Drone Warfare 87
  11. Part 2: The First Drone Age
  12. 8 What Is ‘The First Drone Age’? 107
  13. 9 Drone Pilots: The Struggles of War by Remote Control 111
  14. 10 The Post-9/11 Era: Drones and Just War Theory 125
  15. 11 The CIA Drone Program 141
  16. 12 Drones and Civilian Harm 159
  17. 13 Drone Warfare and Public Opinion 177
  18. 14 Living Under Drones 197
  19. 15 The Media and Drone Warfare 215
  20. Part 3: The Second Drone Age
  21. 16 What is ‘The Second Drone Age’? 237
  22. 17 The Islamic State Drone Program 243
  23. 18 The Use of Drones in West Africa and the Sahel 255
  24. 19 China’s Drone Diplomacy 267
  25. 20 Russian Military Drones: Established and Emerging Technologies in Ukraine 285
  26. 21 Europe’s Military Drone Problem 299
  27. 22 Violent Nonstate Exploitation of Commercial Drones 313
  28. 23 Game-Changing Drones? The Record from Libya to Ukraine 325
  29. Part 4: A Third Drone Age? Concerns and Visions for the Future
  30. Concerns
  31. 24 Domestic Drones and Domestic Threat: Urban Life in the Drone Age 343
  32. 25 Autonomous Drones 369
  33. 26 Swarming Drones 385
  34. 27 Countering Unmanned Aircraft Systems 399
  35. Visions
  36. 28 The Diffusion of Drone Warfare – A Ten Year Review 421
  37. 29 Drones: A Unique Danger to International Law 437
  38. 30 Drone Proliferation and IR Theory: Visions for the Future 453
  39. Contributors to this Volume 475
  40. Index 485
https://doi.org/10.1515/9783110742039-029

Chapters in this book

  1. Frontmatter I
  2. Contents V
  3. 1 Introduction: Why Study Drones? 1
  4. Part 1: Approaches to the Study of Drone Warfare
  5. 2 What Is Drone Warfare? 9
  6. 3 Defining Drones 25
  7. 4 Drones and International Law 41
  8. 5 Drone Imaginaries 57
  9. 6 A Gendering of Drones 69
  10. 7 Critiquing Drone Warfare 87
  11. Part 2: The First Drone Age
  12. 8 What Is ‘The First Drone Age’? 107
  13. 9 Drone Pilots: The Struggles of War by Remote Control 111
  14. 10 The Post-9/11 Era: Drones and Just War Theory 125
  15. 11 The CIA Drone Program 141
  16. 12 Drones and Civilian Harm 159
  17. 13 Drone Warfare and Public Opinion 177
  18. 14 Living Under Drones 197
  19. 15 The Media and Drone Warfare 215
  20. Part 3: The Second Drone Age
  21. 16 What is ‘The Second Drone Age’? 237
  22. 17 The Islamic State Drone Program 243
  23. 18 The Use of Drones in West Africa and the Sahel 255
  24. 19 China’s Drone Diplomacy 267
  25. 20 Russian Military Drones: Established and Emerging Technologies in Ukraine 285
  26. 21 Europe’s Military Drone Problem 299
  27. 22 Violent Nonstate Exploitation of Commercial Drones 313
  28. 23 Game-Changing Drones? The Record from Libya to Ukraine 325
  29. Part 4: A Third Drone Age? Concerns and Visions for the Future
  30. Concerns
  31. 24 Domestic Drones and Domestic Threat: Urban Life in the Drone Age 343
  32. 25 Autonomous Drones 369
  33. 26 Swarming Drones 385
  34. 27 Countering Unmanned Aircraft Systems 399
  35. Visions
  36. 28 The Diffusion of Drone Warfare – A Ten Year Review 421
  37. 29 Drones: A Unique Danger to International Law 437
  38. 30 Drone Proliferation and IR Theory: Visions for the Future 453
  39. Contributors to this Volume 475
  40. Index 485
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