A/HRC/26/36
October 2013, on the report by the Special Rapporteur, provides an important point of
reference. The EU expressed its view that:
(a)
strikes;
The current international legal framework is adequate to govern drone
(b)
The right to life can only be adequately protected if all constraints on the use
of force set out by international law are complied with;
(c)
International central norms on the use of force must not be abandoned to suit
the current use of drones;
(d)
There should be transparency surrounding all drone operations to enhance
accountability.
140. The above is a minimalist position. An intervention by the Council in similar terms,
to which the following point may be added, will help to narrow down at least the outer
limits of the debate:
(e)
Outside of the narrow confines of armed conflict, any killing must meet the
requirements of human rights law, and be strictly necessary and proportionate.
Recommendation
141. The Human Rights Council should express its views on how the relevant
normative framework applies to remotely piloted aircraft or armed drones, setting out
the basic interpretations of international law that it considers to be applicable.
B.
Autonomous weapons systems
142. Not much time has elapsed since the Council considered the issue of autonomous
weapons systems in May 2013.75 With commendable speed, the issue has been taken up by
various United Nations bodies. It was amongst other things considered by the First
Committee of the General Assembly76 and the Office of Disarmament Affairs of the United
Nations.77 The United Nations Institute for Disarmament Research has also initiated an
expert process.
143. Perhaps most visible in Geneva was the fact that the State parties of the Convention
on Certain Conventional Weapons agreed to place the issue on their agenda in May 2014.78
This is to be welcomed as an important and serious step forward.
144. While the issue of autonomous weapons systems is clearly among other things a
disarmament issue, and needs to be addressed in that context, it also has far-reaching
potential implications for human rights, notably the rights to life and human dignity, and as
such it is also a human rights issue. Based on the experience with armed drones, there is
also a danger that such weapons will be used outside the geographical scope of established
armed conflicts. Autonomous weapons systems therefore should remain on the agenda of
the Council. It will lessen the chances for the international community to find a sustainable
75
76
77
78
22
assembly/2777317047001/#full-text at 1:48:36.
A/HRC/23/47.
See http://www.stopkillerrobots.org/2013/10/unga2013/.
For example, www.un.org/disarmament/content/spotlight/index_2013.shtml; and
www.un.org/disarmament/special/meetings/firstcommittee/68/pdfs/TD_29-Oct_CW_Netherlands.pdf.
See http://www.reachingcriticalwill.org/news/latest-news/8583-ccw-adopts-mandate-to-discusskiller-robots.
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