CYIL vol. 9 (2018)

BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖ CYIL 9 ȍ2018Ȏ So knowing about these repetitive strikes, people did not rush to help the victims, even professional first responders had instructions not to approach the site of the explosion for a certain period of time to avoid being killed. These strikes violate the requirements of distinction and proportionality set by IHL, as well as relevant standards for protection of injured persons and humanitarian aid. These norms are also embodied in customary IHL rules. Rule 109 of customary IHL indicated by the International Committee of the Red Cross indicates that “Whenever circumstances permit, and particularly after an engagement, each party to the conflict must, without delay, take all possible measures to search for, collect and evacuate the wounded, sick and shipwrecked without adverse distinction.” 57 This principle requires that each party to the armed conflict take all possible steps to fulfil this obligation and also enable humanitarian aid organizations to carry out these actions. Therefore, it means that states should not arbitrarily prohibit such actions, moreover, they should not attack aid workers when they carry out such acts. The customary IHL rule No. 25 states that “Medical personnel exclusively assigned to medical duties must be respected and protected in all circumstances. They lose their protection if they commit, outside their humanitarian function, acts harmful to the enemy” 58 while Rule 31 provides that “Humanitarian relief personnel must be respected and protected.” 59 Thus severe violations of this duty can be considered war crimes. 3.3 The principle of prohibition of unnecessary damage As targeted killings are carried out in areas where there is no intense military action, attacks usually catch the population unexpectedly in their everyday life. If an armed conflict is taking place in a particular area, people are more prepared for possible attacks. Hence, attacks of UAVs also cause a lot of unnecessary damage. First of all, of course, it is the death of people, people are killed by burning, or from shrapnel, and from powerful explosive waves that can destroy internal organs. Persons who survive the explosion suffer burns, wounds from the shrapnel, they have limbs amputated, as well as loss of vision or hearing. 60 Explosions destroy residencies that are home to entire families and cost huge sums of money in Pakistan. 61 In areas over which UAVs constantly fly, people are constantly experiencing horror and tremendous psychological stress. “Looking from the ground, it’s impossible to say what they [planes] follow when they fly over their heads. The hum of a long-range propeller is a constant reminder of imminent death.” 62 This constant flying of UAVs creates and causes a “horror wave” in the communities. One person living in the area who spoke with Stanford and the NYU researchers said, “Only God knows whether they will launch missiles again or not. But they are always 57 Rule 109, Customary IHL database, https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule109 [accessed 22 May 2018]. 58 Rule 25, Customary IHL database, https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule25 [accessed 22 May 2018]. 59 Rule 31, Customary IHL database, https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule31 [accessed 22 May 2018]. 60 Living Under Drones, op. cit. 39, p. 56. 61 Living Under Drones, op. cit. 39, p. 77. 62 ROHDE, D. The Drone War Reuters , 26 January 2012, http://www.reuters.com/article/2012/01/26/us-david- rohde-drone-wars-idUSTRE80P11I20120126, [accessed 22 May 2018].

226