Drone attacks under the jus ad bellum and jus in bello: clearing the 'fog of law'

Schmitt, M. N. ORCID: https://orcid.org/0000-0002-7373-9557 (2010) Drone attacks under the jus ad bellum and jus in bello: clearing the 'fog of law'. In: Yearbook of International Human Law. Springer, pp. 311-326. doi: 10.1007/978-90-6704-811-8_9

Abstract/Summary

This article explores the legal issues raised by the use of drones (unmanned aircraft systems) in armed conflicts. In particular it assesses such use from the perspective of the jus ad bellum, that component of international law governing the resort to force by States, and the jus in bello (or international humanitarian law), the international law governing how such force may be applied. It concludes that the law of self-defence provides a clear basis for the extraterritorial use of drones under the jus ad bellum, albeit with certain key limitations. As to the use of drones on the battlefield, the article finds no significant basis for treating drones differently than other weapon systems under the jus in bello. Rather, the key is strict fidelity to the extant norms of international humanitarian law.