Unmanned Aerial Vehicles: Legitimate Weapon Systems or Unlawful Angels of Death?

Abstract

SINCE THE INVASION OF AFGHANISTAN, the United States has utilized Unmanned Aerial Vehicles (UAVs) to locate, surveil and kill members of the Taliban, Al-Qaeda and its associated forces. Such killings have decimated the leadership of these groups and disrupted their operations. However, there are collateral effects from UAV killings including civilian deaths. These deaths increase resentment and hatred toward the US, which is channeled by terrorist groups to recruit new members and for local support. Moreover, targeted killings outside a combat zone have political and diplomatic consequences. This paper argues that the current uses of UAV are legal under international and domestic law. However, it proposes amended targeting criteria, greater transparency and increased checks on the executive branch for future use of UAVs. ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!! * Colonel, U.S. Army Reserve, with duty at the International & Operational Law Division, Office of The Judge Advocate General; M.A., U.S. Army War College 2013; J.D., Hofstra University School of Law 1992; B.A., University of Delaware 1989. I extend my deepest thanks to Colonel Brett Weigle for his support and advice with writing this article, and to the editors and staff of the Pace International Law Review for their hard work preparing the article for publication. The views expressed in this article do not necessarily reflect the views of the United States Army, the United States Army Reserve, or the United States Government.