When considering the current challenges posed to IHL by the use of armed drones in warfare, it is questionable whether IHL is sufficient to regulate these challenges. On an overall level, this study finds that there is a need for a common position on the use of armed drones in the context of armed conflicts.
INTRODUCTION
- Background and Problem Statement
- Research Question
- Objectives
- Hypothesis and Assumptions
- Scope and Limitations of the study
- Research Methods
- Framework
In light of the above discussion, the primary objective of this research is to analyze the specific challenges posed by the use of drones in armed conflict and identify how such challenges could be addressed in any future regulatory framework. IHL plays a crucial role in regulating the use of drones in armed conflict.
IHL: HISTORICAL DEVELOPMENT AND FUNDAMENTAL
Introduction
The author believes that a "historically aware" analysis of IHL and the relationship between technology and law in the military context can provide some important insights into the relevance of IHL and the development of future regulation.84 In preparation. in order to determine the relevance of IHL and its fundamental principles in regulating the challenges posed by drone warfare, this chapter aims to outline the background and history of this body of law. The chapter strongly emphasizes the development of IHL in response to the advancement of new technologies in relation to armed conflict to illustrate the importance of IHL as a body of law that is constantly evolving and also constantly challenged to adapt regularly to the ongoing advances in armed conflict.
Background
- Defining Armed Conflict
- The Purpose of IHL
- The Use of Force under IHL
- Reciprocity
The moment an armed conflict occurs, IHL begins to operate.105 Common Article 2 of the 1949 Geneva Conventions states that. Basically, IHL is both a confirmation and a development of the laws of war (ius in bello).
History and Development of IHL
- History
- Development
181 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field (1864). The conference provided clarity on questions regarding e.g. the restriction of the use of specific types of weapons and tactics and the prohibition of the use of other weapons and methods of warfare, including ''Dum Dum'' bullets (which expand in the target's body), balloon attacks and poisonous weapons.
Fundamental Sources and Principles of IHL
- Fundamental Sources of the Principles of IHL
- Law of The Hague
- Law of Geneva
- Fundamental Principles of IHL
- Military Necessity
- Humanity
- Honour
- Precaution
- Distinction
- Proportionality
The immense significance of the principle of distinction can further be observed in jurisprudence. Weapons294 case (hereafter the Nuclear Weapons case), the court considered the principle of distinction as one of the ''cardinal principles'' of IHL, and decided it.
The Enforcement of IHL
Although both the Geneva Conventions (1949) and AP I336 place an obligation on states to respect and ensure the conventions in all circumstances, including to disseminate knowledge of the principles and rules contained therein,337 the enforcement of IHL remains a big issue. 338 Once a state violates the conventions, it can be held to prosecute in accordance with the rules of state responsibility.339.
Conclusion
DRONE WARFARE
- Introduction
- Current Drone Technology
- Different Types of Drones
- MQ-1 Predator
- MQ-9 Reaper
- Global Hawk
- Taranis – "God of Thunder"-Drone
- Contemporary Drone Systems and Technology
- Countries Involved in Drone Proliferation
- Drone Attacks as a Means of Warfare
- Contemporary and Future Autonomy in Drone Warfare
- Conclusion
403 New America 2017 https://www.newamerica.org/in-depth/world-of-drones/1-introduction-how- we-became-world-drones/; Center for the Study of the Drone 2017 http://dronecenter.bard.edu/the-drone-database/. 404 New America 2017 https://www.newamerica.org/in-depth/world-of-drones/1-introduction-how- we-became-world-drones/. It has exported drones to around 30 different countries; for a complete list see New America 2017 https://www.newamerica.org/in-depth/world-of-drones/1-introduction-how-we-became-world- drones/.
408 New America 2017 https://www.newamerica.org/in-depth/world-of-drones/1-introduction-how- we-became-world-drones/. 409 Saudi Arabia, the United Arab Emirates and Egypt have all reportedly bought drones from China; see New America 2017 https://www.newamerica.org/in-depth/world-of-drones/1- introduction-how-we-became-world-drones/. 410 New America 2017 https://www.newamerica.org/in-depth/world-of-drones/1-introduction-how- we-became-world-drones/.
416 Open Society Foundations 2015 https://www.opensocietyfoundations.org/reports/death-drone, see full report "Death by Drone".
ASSESSMENT OF THE ADEQUACY OF IHL IN REGULATING THE
Introduction
Drone Warfare Challenges
- Drone Warfare Challenges and the Fundamental Principles of IHL
- Military Necessity
- Humanity
- Honour
- Precaution
- Distinction
- Proportionality
- Transparency
- Accountability
- Targeted – and Indiscriminate Strikes
- Drone Proliferation
- Autonomous Drones
Therefore, this section first seeks to discuss the basic principles of IHL in relation to the use of drones in armed conflict. 550 Moorehead et al. Out of the Shadows: Recommendations to Advance Transparency in the Use of Lethal Force 111. 551 Moorehead et al. Out of the Shadows: Recommendations to Advance Transparency in the Use of Lethal Force 111.
552 Moorehead et al Out of the Shadows: Recommendations for Improving Transparency in the Use of Deadly Force 111. Moorehead et al Out of the Shadows: Recommendations for Advancing Transparency in the Use of Deadly Force 106. 560 Moorehead et al Out of the Shadows: Recommendations for Greater Transparency in the use of deadly force 106.
579 A 50 of the Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949).
Conclusion
RECOMMENDATIONS AND CONCLUSION
Introduction
Finally, there are several different issues related to drone warfare that are further causes for concern and question the capacity of the IHL as it currently stands to regulate these issues. For example, there is confusion in the international community about what rules apply to the import and export of drones.673 Issues related to the novelty of technological developments in warfare, such as the creation of AWS and the threat of cyber warfare, are critical concerns that potentially can be adequately addressed only by developing IHL and creating a clear legal framework for the regulation of these issues. Consequently, this chapter aims to assess the adequacy of IHL in relation to the regulation of the use of drones in armed conflict.
Additionally, the current movement toward regulating drone warfare will be discussed, and the chapter will conclude with some recommendations for the way forward for the use of drones in warfare.
Assessment of the Adequacy of IHL
It can therefore be argued that while IHL may derive some strength from its stability, in light of the development of complex technological military advances such as drones, some flexibility is required from the law in order for it to remain sufficient to fulfill its purpose. Moreover, as can be deduced from the above discussion, some of the challenges posed by drone warfare require the law in this regard to be developed, especially where no provision has been made to regulate a particular challenge, such as with the issue of the lack of transparency or AWS. Therefore, when confronted with the complex challenges presented by the novelty of the use of drones in warfare, we are left to determine whether this body of law is sufficient to regulate such challenges.
Unfortunately, there are no established benchmarks for assessing the adequacy of IHR.680 However, it is believed that a clear indicator of the ineffectiveness of a set of laws is the situation where there is not merely a lack of conformity between what is prescribed and actual behavior. , but an inability to concede to the binding nature or validity of the rules themselves through. Consequently, it is essential to understand and address the difficult reality of the challenges posed by the actual use of drones in order to potentially develop more appropriate regulatory frameworks.682 An effective method to do this is not to treat drones as a unitary technology to be considered. , but as an arrangement of possible responses to specific challenges, and in different contexts.683 Given the nature of most of the issues discussed above, it is clear that it is the nature of the use of drones in an armed conflict that is potentially problematic is. for IHL and therefore raises questions about the suitability of this legal system to address the challenges it faces. Therefore, the argument can be made that given the enormous challenges IHL faces regarding the use of drones in armed conflict, coupled with the rapid development of technology related to war.
This seems to be the general consensus in the international community, as several actors are currently engaged in negotiations regarding the regulation of the use of armed drones.684.
Movement towards Drone Warfare Regulation
705 EFAD 2018 https://www.efadrones.org/efad-welcomes-european-parliaments-push-to-address- legal-issues-surrounding-the-use-of-armed-drones/?fbclid=IwAR3ZuwWb3sUXLqajojT-. In light of recent developments, it can be argued that the EP's position on the use of armed drones and IL is somewhat unclear, as earlier in 2018 the EP rejected a recommendation that IHRL should be tied to the EU's promotion of armed. 706 EFAD 2018 https://www.efadrones.org/efad-welcomes-european-parliaments-push-to-address- legal-issues-surrounding-the-use-of-armed-drones/?fbclid=IwAR3ZuwWb3sUXLqajojT-.
707 EFAD 2018 https://www.efadrones.org/efad-welcomes-european-parliaments-push-to-address-legal-issues-surrounding-the-use-of-armed-drones/?fbclid=IwAR3ZuwWb3sUXLqajojT-. Clearly, there appears to be a trend within the international community regarding the issues of particular relevance to the debate on the regulation of the use of armed drones. 711 EFAD 2018 https://www.efadrones.org/efad-welcomes-european-parliaments-push-to-address-legal-issues-surrounding-the-use-of-armed-drones/?fbclid=IwAR3ZuwWb3sUXLqajojT-.
712 EFAD 2018 https://www.efadrones.org/efad-welcomes-european-parliaments-push-to-address-legal-issues-surrounding-the-use-of-armed-drones/?fbclid=IwAR3ZuwWb3sUXLqajojT-.
Recommendations
- The Establishment of a Draft Legal Framework for the Use of
- Rules Relating to Transparency and Accountability
- Rules Mandating Casualty Recording
- Rules Relating to Drone Proliferation
743 ICRC 2016 https://www.icrc.org/en/event/international-launch-standards-casualty-recording- putting-principles-practice. Defensetech 2017 https://www.defensetech.org air-force-research- lab-works-on-liquid-antennas-for-aircraft-adaptability/. EFAD 2018 https://www.efadrones.org/efad-welcomes-european-parliaments-push- to-address-legal-issues-surrounding-the-use-of-armed-.
EveryCasualty 2016 Standards for Casualty Recording https://www.everycasualty.org/downloads/ec/pdf/StandardsforCasualtyRecordin g-Version1.0(2016).pdf accessed on 29 November 2018. ICRC 2010 https://www.icrc. org/ afr/who-we-are/mandate/oversig-icrc-mandate-mission.htm. ICRC 2018 The Obligation to Disseminate International Humanitarian Law https://www.icrc.org/eng/assets/files/other/obligation_to_disseminate.pdf 22 May 2018.
New America 2017 https://www.newamerica.org/in-depth/world-of-drones/1- introduction-how-we-became-world-drones/. New America 2017 Drone Strikes: Pakistan https://www.newamerica.org/in-depth/americas-counterterrorism-wars/pakistan/ accessed 13 April 2018. UNODA 2015 Discussion of drones at UN Headquarters https://www .un. org/disarmament/update/discussing-drones-at-the-un-.
