A/HRC/44/38
Atlantic Treaty Organization, for example, established civil-military coordination teams
responsible for recording and investigating allegations. Efforts to mitigate civilian harm
integrate civilian protection at all points in the planning and use of military force. Systematic
review of incidents that have caused civilian deaths also help to avoid operational
deficiencies. 53 The Special Rapporteur strongly encourages such measures, which should
include robust investigations into possible violations of international law. 54
E.
Absence of transparency and accountability
22.
Echoing the findings of the previous Special Rapporteur,55 the evidence continues to
suggest that drone operations are also characterized by violations of the international
obligation to investigate56 and to punish, where applicable, those responsible for violations
of international humanitarian or human rights law. There is little public disclosure, 57 as
targeted killings by drones are wrapped in secrecy extending to the investigation of civilian
deaths.
23.
Without on-the-ground, post-strike assessments, authorities rely on pre- and poststrike drone-video feeds to detect civilian casualties, leaving potentially significant numbers
of civilian casualties, including those misidentified as “enemies”, undiscovered. Studies have
shown that, in Iraq and the Syrian Arab Republic, initial military estimates missed 57 per
cent of casualties.58 While civilians should play a central role in reporting and accountability
mechanisms, regrettably there seems to be no reporting mechanism for families affected by
drone strikes. Yet, civil society and the media have proven invaluable, including to military
authorities, in providing accurate counts of civilian casualties, which is also essential for a
fuller picture of the impact of operations.59 Ultimately, however, the lack of transparency and
accountability about the extent of armed drones’ operations and the consequent civilian
casualties is the result of State policies and legal loopholes. 60
24.
Drones sit at the intersection of several oversight regimes but, being intelligence
assets, they somehow fall between them. With little or no risk to those directing or operating
drones, including of legal accountability, “the typical decision-making barriers to the use of
force become eroded … because they do not attract ‘the public scrutiny that a troop
deployment invites’”, as then United States President Barrack Obama conceded in May
2013.61 In general, at the domestic level, there seem to be many loopholes to avoid scrutiny,
especially because the matter can fall within the remit of many agencies and, at the same
time, under the responsibility of none.62
25.
Few countries have subjected drones to parliamentary oversight. In general, a
country’s lethal use of drones is not subject to prior approval by parliament,63 even though,
under a first strike doctrine, their use may trigger an international armed conflict.
53
54
55
56
57
58
59
60
61
62
63
8
www.cna.org/cna_files/pdf/COP-2014-U-008746-Final.pdf.
www.geneva-academy.ch/joomlatools-files/docman-files/Guidelines%20on%20Investigating
%20Violations%20of%20IHL.pdf.
A/68/382 and Corr.1.
The African Commission requested the Niger to launch its own investigation into French and United
States drone strikes on its soil.
https://civiliansinconflict.org/wp-content/uploads/2020/02/PDF-Report-for-Website.pdf.
Interview with Lawrence Lewis, March 2020.
https://civiliansinconflict.org/wp-content/uploads/2020/02/PDF-Report-for-Website.pdf.
See, for example, www.whitehouse.gov/presidential-actions/executive-order-revocation-reportingrequirement.
Michael C. Horowitz, Sarah E. Kreps and Matthew Fuhrmann, “Separating fact from fiction in the
debate over drone proliferation”, International Security, vol. 41, No. 2 (Fall 2016);
www.usnews.com/news/articles/2013/05/23/obama-administration-saw-drone-strikes-as-cure-all-forterrorism.
www.opensocietyfoundations.org/publications/armed-drones-in-europe; Jameel Jaffer, The Drone
Memos: Targeted Killing, Secrecy, and the Law (The New Press, 2015); interview with Aditi Gupta
and Camilla Molyneux, March 2020.
For an in-depth analysis of the situation in Europe, see www.opensocietyfoundations.org/
publications/armed-drones-in-europe.
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