Solutions to Violent Conflict

Moral & Legal Challenges of Drone Warfare

In Drones on March 28, 2013 at 10:52 am

Ethicists and international legal experts speaking at the Kroc Institute conference (March 19-21) raised concerns about the implications of drone warfare. Martin Cook (U.S. Naval War College) noted that drone weapons reduce the risk to U.S. forces and result in fewer civilian casualties, but they may increase the temptation to use force. They may be “tactically smart but strategically dumb,” he said.

The justifications for drone warfare offered by Obama administration officials invoke the jus ad bellum and jus in bello criteria of just war doctrine, presenters said, but they fail to mention the core principle at the heart of this doctrine:  the presumption against the use of force. Just war principles of discrimination and last resort are often cited in rhetoric but are frequently violated in practice.

Under jus ad bellum criteria, Jennifer Welsh (Oxford University) argued, military force can be used only under very specific and necessary circumstances:  if there is a grave threat of genocidal attack or military aggression, if that threat is actual rather than merely potential, if there is clear evidence that the intended target is liable for the observed threat, and if no possibility exists to capture those responsible.

A Conference to Assess Drone Warfare

In Counterterrorism, Drones on March 28, 2013 at 10:51 am
Drone Conference pp

Gen. Michael V. Hayden (USAF, ret.), former director of the CIA (standing), with Christof Heyns, UN Special Rapporteur (left), and David Cortright (right), director of policy studies at the Kroc Institute.

Chicago — The Kroc Institute recently assembled some of the world’s leading experts on counterterrorism strategy, ethics and the use of force, international law and civil and human rights for a conference (March 19-21) on “The Ethical, Strategic and Legal Implications of Drone Warfare.”

The conference began with remarks by Gen. Michael Hayden (U.S. Air Force ret.), former director of the CIA. Hayden presented the military case for drone strikes, arguing that they are legal under the 2001 Authorization to Use Military Force and effective as a means of eliminating targeted Al Qaeda leaders. Drones nonetheless have produced blowback effects, he said, and have strained alliance relationships with some countries.

Counterterrorism Strategy & Drone Warfare

In Counterterrorism, Drones on March 28, 2013 at 10:51 am

The Obama administration claims that drone strikes are directed at known leaders of Al Qaeda. The majority of those killed in these attacks, however, are insurgents from the Taliban and other locally based militant movements.

At the drone warfare conference, Peter Bergen (New America Foundation) observed that the drone program has evolved into a counterinsurgency air platform. He reported that only 8 percent of those targeted since 2009 have been directly affiliated with Al Qaeda. So-called ‘signatures strikes’ are not directed against designated Al Qaeda leaders but rather target unidentified potential militants in certain locations.

Chris Woods (Bureau of Investigative Journalism) echoed the concerns of Christof Heyns (UN Special Rapporteur on extrajudicial, summary or arbitrary executions) about so-called double-tap strikes that target first responders and the funerals of the victims of prior attacks. These policies increase the risk of civilian casualties and inflame local hatreds and animosity toward the U.S.

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