A/HRC/44/38
82.
To date, attacks and targeted killings using drones have not been the object of robust
international debate and review. The Security Council is missing in action; the international
community, willingly or not, stands largely silent. That is not acceptable.
V. Conclusion
83.
When asked why he wanted to climb Mount Everest, a renowned mountaineer
retorted “Because it’s there”. As public opinion has turned against the loss of soldiers’
lives in military actions abroad, the use of armed drones has increased exponentially.
Drones have also emerged as a prestigious, effective and efficient weapon in this “second
drone age”, with many States eager to join the “drone power club”.145 But the mere
existence of drones does not justify their indiscriminate deployment, as conventions
against weapons of mass destruction, chemical weapons and other indiscriminate
weapons exemplify.
84.
What is especially troubling is the absence of a public discussion about the ethics,
legality and effectiveness of the “decapitation” strategy 146 at the heart of targeted
killings using drones, whether they indeed have the claimed effect, and about the
measure of their success in terms of a long-term vision for the sustainable protection of
human lives and global peace. Instead, war has been normalized as the legitimate and
necessary companion to peace, not as its opposite. We must do all that we can to resist.
85.
To tackle effectively the many challenges posed by armed drones and targeted
killings, States, international decision-making bodies and other concerned actors,
should:
(a)
Develop and commit to robust standards of transparency, oversight and
accountability in the use of armed drones;
(b)
Undertake effective measures to control the proliferation of drones
through export and multilateral arms control regimes and/or under international
treaties;
(c)
Openly discuss the challenges that targeted killings using drones pose to
international law;
(d)
Call out any use of force not in compliance with the Charter of the United
Nations and reject the purported legal underpinnings of such use of force;
(e)
Investigate all allegations of unlawful deaths related to the use of drones,
including through international bodies where States fail to do so.
VI. Recommendations
86.
In addition to reaffirming the recommendations of her predecessor, 147 the
Special Rapporteur makes the recommendations below.
87.
Regarding the legal framework, international human rights law should continue
to apply in armed conflicts in complementarity with international humanitarian law.
Assessments of the lawfulness of strikes and killings should consider both bodies of law,
adopt a systemic integration approach and conduct or undertake a
contextual/situational analysis.
88.
The Security Council should meet in formal session to review and debate all
claims received under Article 51 of the Charter.
89.
The Secretary-General should set up international commissions of inquiry or
fact-finding missions to investigate targeted killings using drones.
145
146
147
20
See also www.senat.fr/rap/r16-559/r16-5591.pdf.
Strategy seeking to remove the leadership of an armed group or Government deemed hostile.
A/68/382 and Corr.1.
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