CYIL vol. 11 (2020)

CYIL 11 (2020) LEGALITY OF TARGETED KILLINGS UNDER INTERNATIONAL LAW with the intent, premeditation and deliberation to kill, individually selected persons who are not in the physical custody of those targeting them ”. 10 M. O’Connell described “ targeted killing ” as “ the killing of certain individuals away from battle zones using military means, including missiles, bombs and commando raids ”. 11 Targeted killings relate to the question of legality of the use of force in international law ( jus ad bellum ) and to the legally permissible ways and means of warfare ( jus in bello ). In an excellent Report of the Special Rapporteur this was truthfully stated: A few states have adopted policies that permit the use of targeted killings, including in the territories of other States. Such policies are often justified as a necessary and legitimate response to “terrorism” and “asymmetric warfare”, but have had the very problematic effect of blurring and expanding the boundaries of the applicable legal frameworks . 12 Targeted killings through the use of remotely piloted aircraft (mainly drones) have serious impacts on the traditional conception of warfare, starting with jus ad bellum . The deliberate killings of individuals in practice is not often associated with armed conflict, but they are also used to strike designated individuals during “peacetime”. Targeted killings have become very contentious phenomenon which has a serious impact on the whole jus belli , international human rights (IHRL), and international humanitarian law (IHL). Armed drones or unmanned aerial vehicles (UAV) may operate thousands of kilometers from the place where they were launched, without any risk for the forces that used them, at a much lower costs than manned aircraft. The weaponization of drones represents new military technology . 3. Drones and targeted killings Drones were invented probably at the end of the Second World War. The U.S. used drones for reconnaissance as a matter of course during the Vietnam war (1964–1973), during the Gulf war (1990–1997), and in the military conflict in former Yugoslavia (1991–1995). In the aftermath of the 11 September 2001 terrorist attacks, the Bush administration started to use “targeted killings” against Al-Qaeda members and other non-state actors. The first lethal drone operation was allegedly carried out by the CIA in Afghanistan in February 2002 where a strike killed three men (civilians). Later the U.S. used military drones in Pakistan (2004), in Somalia (2006), and in other countries. 13 At present, dozens of countries like Israel, China, Russia, Brazil, India, Pakistan, Iran, Turkey etc. and non-state entities like Hezbollah possess combat drones with the capability of launching missiles and dropping bombs. The U.S. is regularly using reconnaissance and combat drones, the MQ-1 Predator or the MQ-9 Reaper. The U.S. arsenal of UAV currently includes the modern drone XQ-58A Valkyrie. The U.S. has at times carried out highly suspect “ signature strikes ” or “ successive strikes ” or also “ terrorist attack disruption strikes ”, in which a person or group of persons are not targeted on the basis of their identity but on the pattern of their behavior indicating their militant activity. Successive strikes are directed at the same location and aim to target “first responders” (otherwise known as a “ double-tap-strikes ”). These strikes may target civilians, various bystanders, and humanitarian workers. Civilians cannot be subject to direct military 10 MELZER N., Targeted killing in International Law , Oxford University Press, 2008, pp. 3-4. 11 O’CONNELL, M. E., supra note 4. 12 ALSTON, Ph., supra note 1, Summary, p. 1. 13 SIFTON J., A Brief History of Drones , The NATION, 7 February 2012, available at: https://www.thenation. com/article/archive/brief-history-drones/, visited on 15 April 2020.

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