The legal and ethical implications of drone warfare

Правовые и этические последствия применения беспилотников в военных действиях
Michael J. Boyle
2015-02-17

anticipatory self-defensearmed conflictdrone warfaretargeted killinguse of force
This article examines whether American drone-based targeted killing program represents a fundamentally new challenge to the traditional legal and ethical standards of armed conflict. It argues that the novelty of drones flows less from the technology itself than from the Obama administration's articulation of a presumptive right of anticipatory self-defense, which allows it to strike anywhere in the world where al Qaeda and its allies are present. It highlights five new legal and ethical dimensions to the Obama administration's drones policy, all of which may lower the traditional barriers to the use of force if other actors begin to follow contemporary American practice.
1
If adopted by other actors, contemporary American drone practices could weaken established legal and ethical standards governing the use of force.
2
The administration articulated a presumptive right of anticipatory self-defense permitting strikes wherever al Qaeda and its allies are present worldwide.
3
The drone policy introduces five new legal and ethical dimensions to targeted killing, potentially lowering traditional barriers to armed force.
4
The principal novelty of American drone warfare lies less in the technology than in the Obama administration’s expansive legal doctrine.

American drone-based targeted killing program

The legal and ethical implications of the program, particularly the expanded presumptive right of anticipatory self-defense and its effects on traditional barriers to the use of force

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2015-02-17
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Michael J. Boyle
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