Afghan War to Drone Attacks: Legality Under Ihl

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TABLE OF CONTENTS
SR # CONTENTS PAGE 1 Introduction……………………………………………………………………..…....1 2 Base for the Use of Drones…………………………………………………..………..2 3 Nature of Pak-Afghan Border, Its Effect …………………………………..…….….2 4 Drones, Importance in Targeting Terrorist…………………………………………3 5 Controversy Regarding Application of IHL on Drone Attacks …………….……..4 6 Changing Nature of Afghan Conflit……………………………………………….....5 7 Manners of Attacks by Militants and Combatant Status………………………..….7 8 Where IHL Applies? And Status of Drones In Pakistani Territory……………………………………………………………………….……..8 9 Harold H. Koh’s stance and its Legal Implications…………………………………11 10 Drones,A matter of IHL………………………………………………………………12 11 Transnational Armed Conflict And Drones……………………………………….…12 12 The Tadic Case: Application of IHL on non state actors in Transnational Armed conflict …………………………………………………….…14 13 Doess Pakistan’s Inability to Trace and Attack Militant Justifies Drone Attacks?........................................................................................................17 14 Victims of Drones under IHL………………………………………………………..17 15 Basic Principles of IHL and Their Observance in Drone Attacks…………….........19 16 Principal of proportionality and Distinction………………………………….…….19

17 Conclusion………………………………………………………………………….…22

Introduction:
Since the terrorist attacks of September 11, 2001,And American starting Global War on Terror and attacks on Afghanistan in persuit of AL-QAEDA and TALIBAN as they were alleged to be involved in attacks of 9/11.Pakistan being a neighboring state also got effected by this war and a series of Suicide bombing started due to Pakistan’s alliance with American as frontline strategic partner in this war .Similarly more dangerous area in Pakistan was Tribal Areas along Afghan boarder and many militants escaping from Afghanistan came to these areas and allegedly planed attacks on allies forces fighting in Afghanistan. So Americans expanded this war inside the Pakistani Boarder for attacking militants by Drone Attacks. Drone attacks in Pakistan are one of the most important and controversial aspects of the Bush as well as Obama Administration’s approach to fighting terrorism. The legality of drones has been questioned for a variety of reasons, some more grounded in fact than others, but in spite of these criticisms there is little question that the use of drones in surveillance and combat roles is on the rise international law has had to grapple with the fundamental challenges that large-scale violence carried out by non-State actors poses to the traditional inter-State orientation of international law. Questions related to the “adequacy” and “effectiveness” of international humanitarian law, international human rights law and the law related to the use of force have been particularly pronounced... The first reported use of a “drone” was in 1919, when the inventor of autopilot technology and the gyroscope, Elmer Sperry, sunk a German battleship with a pilotless aircraft. The Vietnam War saw drones used for surveillance purposes. Drones have the advantage of being able to gather valuable intelligence without the inherent risk to human life that a traditional way by a piloted craft would pose. Base for the Use of Drones:

Drones base can be found from the speech of American President Bush while he was addressing joint session of American Congress and House of Representstive shortly after 9/11 stating that

“We will direct every resource at our command, every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary...
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