TABLE OF CONTENTS
Preface: Coming to Terms with Drones (Christof Heyns)
Chapter 1. Assessing the Debate on Drone Warfare (David Cortright and Rachel Fairhurst) - David Cortright, Rachel Fairhurst
DOI: 10.7208/chicago/9780226258195.003.0001
[Obama administration, transparency, casualties, counterterrorism strategy]
This chapter examines the latest developments in the US use of drone weapons. In recent years the United States has launched hundreds of drone strikes in Afghanistan, Pakistan and other countries, stirring public debate about the ethical, legal, strategic and human rights consequences of using robotic weapons. The pledges of the Obama administration to provide greater transparency and accountability in drone operations remain largely unfulfilled. The resulting lack of accurate information hinders the ability to judge the morality and legality of US drone policy. The authors ask whether the availability of drone weapons increases the propensity of political leaders to resort to the use of military force. Drones weapons have certain tactical advantages because of their ability to loiter over a target, but their strategic value as a means of countering terrorism is questionable. (pages 1 - 23)
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Chapter 2. The Morality of “Drone Warfare” (Jennifer M. Welsh) - Jennifer M. Welsh
DOI: 10.7208/chicago/9780226258195.003.0002
[targeted killing, ethics, agent relative, Just War Theory, imminence, last resort, necessity]
This chapter examines the ethical questions surrounding US targeted killing policy. Because drone weapons reduce the costs and risks of using force, they have the potential to alter the assessment of ‘last resort’ as an ethical criterion for the resort to force. The judgment of whether targeted killing is ethically permissible in a particular setting depends upon a precise differentiation between the use of force in wartime and the use of force outside the framework of armed conflict. In the latter circumstance, significant constraints regarding the principles of imminence and necessity limit the permissible use of force. The secretive use of drones weakens the ability of liberal democracies to control the use of armed force and has potentially detrimental psychological and moral impacts on drone operators. (pages 24 - 45)
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Chapter 3. Drone Warfare and Military Ethics (Dr. Martin L. Cook) - Martin L. Dr. Cook
DOI: 10.7208/chicago/9780226258195.003.0003
[military ethics, warrior ethos, tactics, international law, technology]
This chapter explores the use of drone technology from the perspective of professional military ethics, asking when and how drone use is consistent with achieving legitimate and ethically permissible military purposes. It traces how technological advances and the changing nature of conflict have combined to influence security policy and military culture. Acknowledging the tactical and short-term operational advantages of drones, the chapter notes that the use of drone weapons may have a negative strategic impact, such as increasing recruitment rates among militant groups. The chapter also discusses the impact of drone weapons on those who operate them and addresses the potential erosion of the ‘warrior ethos.’ Robotic warfare alters the moral meaning of war as patriotic duty and risks making targeting killing appear normal and antiseptic. (pages 46 - 62)
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Chapter 4. International Law and Drone Attacks beyond Armed Conflict Zones (Mary Ellen O’Connell) - Mary Ellen O’Connell
DOI: 10.7208/chicago/9780226258195.003.0004
[consent, continuous combat function, Afghanistan, Pakistan, Yemen, United Nations, self defence, last resort]
This chapter presents the international legal framework that governs targeted killing in settings beyond accepted zones of armed conflict. The legal justifications that have been proffered in support of the US government’s targeted killing policy have questionable validity. The author argues that the United States’ use of drones outside of the armed conflict in Afghanistan does not qualify as an exception to the general prohibition on the use of force found in the UN Charter and the international laws of war. The legal argument for Pakistani ‘consent’ to drone strikes on their territory is problematic, as is the claim that military action is permissible outside of a recognized war zone when the state in question is ‘unwilling or unable’ to respond to the problem of terrorism. The chapter calls for the United States to ensure that its targeted killing policies are fully compliant with international law. (pages 63 - 73)
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Chapter 5. Drone Strikes and the Law: From Bush-Era Detention to Obama-Era Targeted Killing (Karen J. Greenberg) - Karen J. Greenberg
DOI: 10.7208/chicago/9780226258195.003.0005
[domestic law, AUMF, national security, associated forces, imminence, targeted killing]
This chapter explores the evolution of US counterterrorism and drone policy from the perspective of domestic law. Although the Obama administration made progress in affirming the rule of law in some areas—such as ending torture and assuring greater due process for detainees—questionable practices persist in targeted killing policies. Current policies stretch accepted legal parameters and widen the permissibility of using force. This is evident in the expanded definition of the enemy beyond al-Qaeda and the Taliban to include “associated forces.” It is also reflected in the administration’s attempt to redefine the Just War principle of imminence in its 2013 ‘white paper,’ which makes the questionable claim that a threat is imminent even if there is no clear evidence of an immediate threat of attack. (pages 74 - 87)
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Chapter 6. Justifying the Right to Kill: Problems of Law, Transparency, and Accountability (Pardiss Kebriaei) - Pardiss Kebriaei
DOI: 10.7208/chicago/9780226258195.003.0006
[oversight, accountability, Anwar al-Awlaki, judiciary, targeted killing, Yemen, transparency]
Despite President Obama’s 2013 pledge to narrow targeting criteria and provide greater oversight of drone operations, US policy continues to lack transparency and accountability. This chapter examines the targeted killing of US citizen Anwar al-Awlaki in Yemen as an example of the legal shortcomings of current drone policy. It questions the rationale for the targeted killing program and criticizes the administration for selective and insufficient disclosures of its practices. The government’s lack of transparency in disclosing its legal justification for drone strikes limits the possibility for judicial review. The deference shown by US courts to executive privilege in national security matters further hinders the legal evaluation of drone operations. The chapter argues that external and independent judicial and legislative oversight is necessary to bring the US drones program into conformity with the law. (pages 88 - 98)
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Chapter 7. The Strategic Implications of Targeted Drone Strikes for US Global Counterterrorism (Audrey Kurth Cronin) - Audrey Kurth Cronin
DOI: 10.7208/chicago/9780226258195.003.0007
[counter terrorism, security strategy, tactics, targeted killing, Al-Qaeda, public opinion]
This chapter reviews the strategic logic of US counterterrorism objectives and examines whether drone strikes ‘work’ as an effective counterterrorism security policy. The focus is on the use of drone strikes to target suspected terrorists. The author examines whether the use of drone weapons achieves the stated purposes of defeating al-Qaeda, deflecting terrorist violence away from the United States, and protecting the safety of the American people. While American citizens believe that the use of drone weapons abroad makes them safer at home, the available evidence raises questions about the strategic value of using these weapons. The author finds no evidence that international terrorist threats can be defeated through such means, despite their effectiveness in degrading tactical al-Qaeda operations. In contrast, there is a risk of drone strikes fuelling anti-American sentiment in targeted countries, potentially incentivizing recruitment to violent extremist organizations. (pages 99 - 120)
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Chapter 8. Security Implications of Drones in Warfare (Patrick B. Johnston) - Patrick B. Johnston
DOI: 10.7208/chicago/9780226258195.003.0008
[tactics, strategy, effectiveness, leadership degradation, counterterrorism, loiter and surveillance]
This chapter challenges the assertions of the previous author, arguing that drone weapons are effective tools in fighting terrorist groups such as al-Qaeda, and asserting that their advantages outweigh any limited drawbacks. The benefits of drones include their ability to loiter over a target, their remote surveillance capacities, their relative cost effectiveness compared to conventional weapons, and their impact in reducing risks to US soldiers. Evidence is presented showing that targeted killing can make important contributions to degrading nationally-based insurgent and terrorist groups in their home countries and stronghold areas. Political science studies indicate that ‘leadership decapitation’ reduces the number of lethal attacks by rebel groups. Drone strikes have been effective in disrupting terrorist operations and denying safe-havens. The chapter concludes with a look at the likely rapid diffusion of drone technology internationally and the challenges this will pose for US security. (pages 121 - 141)
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Chapter 9. Winning without War: Evaluating Military and Nonmilitary Strategies for Countering Terrorism (David Cortright and Rachel Fairhurst) - David Cortright, Rachel Fairhurst
DOI: 10.7208/chicago/9780226258195.003.0009
[conflict transformation, Yemen, Pakistan, governance, UN Counter-terrorism Strategy, policing, human rights]
This chapter outlines alternative approaches to achieving international counterterrorism policy objectives. The authors cite studies showing that law enforcement and political processes are the most effective means of bringing terrorist groups to an end. The chapter argues that countering terrorism is ultimately a political struggle, and calls for international cooperation to address the conditions conducive to violent extremism. A two-pronged approach is advocated: coordinated international police and intelligence efforts to prevent attacks, and parallel political, economic, and social measures aimed at eroding the support base for militancy and ameliorating the grievances that give rise to terrorism. These approaches are embodied in the UN Counterterrorism Strategy adopted in 2006. The UN Strategy elevates the importance of inclusive and accountable governance, peacebuilding, economic development, and human rights, in contrast to predominately military approaches to counterterrorism policy. (pages 142 - 162)
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Chapter 10. Targeted Killings and Secret Law: Drones and the Atrophy of Political Restraints on the War Power (Mary Dudziak) - Mary Dudziak
DOI: 10.7208/chicago/9780226258195.003.0010
[targeted killing, Obama, Nixon, Anwar al-Awlaki, Cambodia, presidential powers, oversight, accountability, congress]
This chapter addresses the impact of secretive targeted killing policies on Presidential war-making authority and political accountability. It examines how secrecy affects the role of political restraints on presidential war powers by placing two events in historical context—President Obama’s decision to kill Anwar al-Awlaki in 2011, and President Nixon’s decision to bomb Cambodia in 1969. The two episodes highlight the weaknesses of legislative constraints on executive authority to use military force and reveal a pressing need for enhanced public engagement through greater democratic accountability and transparency. The Obama administration’s assertion of unilateral authority to conduct targeted killings and its unwillingness to disclose fully the legal basis for such actions limit the ability of Congress to perform its constitutional role of overseeing and approving executive war-making. This lack of accountability combines with other factors—all-volunteer armed forces, increased reliance on private contractors, and the growing use of robotic weapons—to widen the gap between the American people and public decisions to use armed force. (pages 163 - 179)
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Chapter 11. Understanding the Gulf between Public and US Government Estimates of Civilian Casualties in Covert Drone Strikes (Chris Woods) - Chris Woods
DOI: 10.7208/chicago/9780226258195.003.0011
[civilian casualties, Waziristan, military aged males, targeted killing, Pakistan]
Although the number of civilians killed by drone strikes has lessened in recent years, a significant discrepancy exists between public estimates of drone strike casualties and those acknowledged by the US government. The chapter seeks to establish the reasons behind these contradictory figures, taking the case of Pakistan as an example. The author presents information from a visit to South Waziristan and interviews with local residents in the village of Sara Rhoga. Drone strikes there in 2009 killed local Taliban fighters but also led to the deaths of unaffiliated citizens. The chapter compares casualty figures leaked by the US government and the notably higher figures released by reputable private organizations tracking civilian deaths. The author speculates that the continuing discrepancy between administration claims and media reports may be the result of a policy defining ‘military aged males’ as potential militants and thus legitimate military targets. The chapter concludes by calling for greater transparency and external oversight of the US drones program. (pages 180 - 198)
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Chapter 12. The Myth of Precision: Human Rights, Drones, and the Case of Pakistan (Rafia Zakaria) - Rafia Zakaria
DOI: 10.7208/chicago/9780226258195.003.0012
[Pakistan, Waziristan, Pashtuns, Karachi, ISF, displacement, right to home, Tehreek-e-Taliban]
This chapter focuses on the broader social consequences of drone strikes in Pakistan. It examines the population displacement effects of U.S. drone strikes and Pakistani government military operations in the Federally Administered Tribal Area. The combined effects of drone strikes and government military attacks have driven people from their homes, forcing many Pashtuns to move from Northern Pakistan to cities in the south, especially Karachi. The result has been a shift in population and an increase in tensions between Pashtuns and other ethnic groups in the southern part of the country. The consequences of this displacement include increased militancy and social strife in Karachi and a rising incidence of terrorist bombings in the country. The chapter widens the discussion of human rights impacts beyond the right to life to encompass the principle of a “right to home,” also known as the right to remain. (pages 199 - 212)
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Conclusion: The Future of Drone Warfare: Research Challenges and Policy Options (David Cortright and Rachel Fairhurst) - David Cortright, Rachel Fairhurst
DOI: 10.7208/chicago/9780226258195.003.0013
[proliferation, Al-Qaeda, Taliban, accountability, blow back, counterterrorism, AUMF]
The chapter summarizes the pressing concerns raised by current U.S. drones policy and reviews ethical, legal, strategic, and human rights concerns about the consequences of using these weapons. The authors examine the many unanswered questions about drone weapons that require more empirical investigation. Although Americans approve of drone strikes against terrorists abroad and feel safer as a result (according to opinion polls) many policy experts question whether targeted killing is an effective strategy for preventing violent extremism. U.S. officials argue that drone strikes against terrorists are legitimate acts of self-defence, but some legal experts doubt the legality of targeted killing outside a recognized armed conflict zone. The authors note that U.S drone policies could have detrimental effects on international law and global security in the future. The chapter concludes by presenting possible options for reform of U.S. drones policy, focusing on the need for greater transparency, public oversight, and legal accountability. (pages 213 - 222)
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Notes
List of Contributors
Index
