A/HRC/25/59
Israel to the United Kingdom and the Deputy Attorney-General for International Affairs.
During the course of an extended and informative exchange, the Special Rapporteur was
briefed on, among other matters, the efforts made by the Israeli Air Force to avoid inflicting
civilian loss of life, and was shown video recordings of operational measures taken for that
purpose. The Government stressed the efforts taken by its forces in all aerial operations to
give advanced warnings of attacks whenever possible. Referring to the Special
Rapporteur’s interim report (paras. 75 and 76), the Government emphasized that a standard
of zero anticipated civilian casualties goes beyond the mandatory requirements of
international humanitarian law and would remain unattainable whilst legitimate military
targets, particularly in Gaza, used civilian institutions as a base for military operations. The
Special Rapporteur has identified a number of examples of strikes in which there are
credible allegations that civilians were killed or injured as the result of Israeli drone strikes
in Gaza. These are set out in chapter III, section C, below. During the course of the
meeting, the Special Rapporteur requested certain additional information from the
Government. That information had not been received at the time of writing of the present
report.
European Union
31.
On 25 February 2014, the European Parliament passed a resolution, by 534 votes to
49, calling for the adoption of a common position for the European Union on the use of
armed drones. In the resolution, the European Parliament:
(a)
Concluded that “drone strikes outside a declared war by a State on the
territory of another State without the consent of the latter or of the Security Council
constitute a violation of international law and of the territorial integrity and sovereignty of
that country”; expressed its “grave concern over the use of armed drones outside the
international legal framework”; and urged the European Union “to develop an appropriate
policy response at both European and global level which upholds human rights and
international humanitarian law”;
(b)
Called upon the High Representative for Foreign Affairs and Security Policy,
the member States and the Council of the European Union to “oppose and ban the practice
of extrajudicial targeted killings”; to “ensure that member States, in conformity with their
legal obligations, do not perpetrate unlawful targeted killings or facilitate such killings by
other States”; and to “include armed drones in relevant European and international
disarmament and arms control regimes”;
(c) Urged the Council to adopt an European Union common position on the use
of armed drones;
(d)
Called upon the European Union “to promote greater transparency and
accountability on the part of third countries in the use of armed drones with regard to the
legal basis for their use and to operational responsibility, to allow for judicial review of
drone strikes and to ensure that victims of unlawful strikes have effective access to
remedies”.
C.
Sample strike analysis
32.
In his interim report to the General Assembly, the Special Rapporteur made specific
recommendations aimed at strengthening compliance with the applicable legal standards on
accountability and transparency (paras. 41–50, 78 and 80). Having regard to the duty of
States to protect civilians in armed conflict, the Special Rapporteur concluded that, in any
case in which there have been, or appear to have been, civilian casualties that were not
anticipated when the attack was planned, the State responsible is under an obligation to
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