CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ THE MILITARY USE OF UNMANNED AERIAL VEHICLES IN THE FIGHT… following us, they are always above us, and we never know when they will launch [...].” 63 Pakistani psychiatrists point out that people living in these territories experience great fear, anxiety, constant stress that is common to persons living in conflict zones. They are constantly thinking about when the offensive will take place again, and when they hear the sound of an UAV, they rush to hide. 64 Therefore, these weapons cause significant and prolonged psychological suffering that lasts for years, so it is very likely that the use of such a weapon may violate the principle of the prohibition of unnecessary harm in armed conflicts. 3.4 Involvement of the CIA in the practice of targeted killings by UAVs Last year it was announced that in the U.S. “The CIA can now kill potential terror suspects with drone strikes after being granted new powers by President Donald Trump, according to a new report. The new authority – said to have been granted shortly after Mr Trump’s inauguration – takes drone strikes out of the sole control of the military, sparking fears about accountability.” 65 But it needs to be noted that officers of the CIA are civilians not having combatant status. O’Connel notes that the inclusion of the CIA in this process might cause an increase of civilian deaths. 66 The CIA operatives are not trained in IHL, they are not bound by American laws that impose a duty to comply with law of the war. According to IHL standards, only combatants, that is, members of the military forces, have the right (privilege) to use force. CIA operatives are not soldiers, they do not wear uniforms, do not obey the military structure. So, there are many questions about the legality of the involvement of the CIA in these operations. 67 Conclusion UAVs are a relatively new form of warfare that is used nowadays for military purposes in various parts of the world. The increasing use of unmanned aerial vehicles has a growing impact on strategy and policy as they expand and complicate the spectrum of conflict. It is an especially attractive option in the fight against terrorists and terrorist groups. The “leader” of the use of UAVs is the United States which has deployed its fleet of unmanned drones to target various terrorist groups in inaccessible and volatile regions. There are no special rules for the practice of targeted killings in international humanitarian law, therefore this practice is evaluated against the traditional principles of international humanitarian law and may be lawfully applied only when an armed conflict exists. The criteria for distinguishing whether an armed conflict is taking place are the intensity of actions of combat and the organisation of the parties of the conflict. In case the criteria are not satisfied, the applicable law is the regime of peace and human rights’ requirements dictate the behaviour of the states. The practice of targeted killings against terrorists which in many cases is affected by UAVs may be applied only when an armed conflict between a state and 63 Living Under Drones, op. cit. 39, p. 81. 64 Ibid. 65 AGERHOLM, H. Donald Trump gives CIA power to carry out its own drone strikes. Independent. 14 March 2017 https://www.independent.co.uk/news/world/americas/donald-trump-cia-power-drone-strikes-military-a7628561. html [accessed 22 May 2018]. 66 O’CONNELL, M. E. Unlawful Killing with Combat Drones. A Case Study of Pakistan, 2004-2009 . Notre Dame Law School Legal Studies Research Paper No. 09-43. Final Draft: July 2010. http://ssrn.com/abstract=1501144, [accessed 22 May 2018], p. 23. 67 Ibid.

227