A/HRC/28/38
50.
The Director of International Law and Protection Programmes at the International
Commission of Jurists addressed the specific obligations of a State on whose territory a
drone strike had taken place, as a result of which there had been casualties, whether the
State had consented to the use of drones on its territory or not. He noted that in addition to
the obligation to investigate if there was any doubt that the killing was unlawful, the State
must ensure, where applicable, that individuals were held criminally responsible if they
were within the power or effective control of that State, and ensure the provision of
effective remedies and adequate reparation to victims, including in upholding the right to
the truth.
51.
In response to a question on best practices for accountability and transparency, the
Special Rapporteur on extrajudicial, summary or arbitrary executions underscored the
importance of action at different levels, noting a role for the international community, for
regional bodies, for United Nations field offices and for domestic institutions, such as the
legislature and national human rights institutions. He also referred to the transparency
requirement enshrined in Article 51 of the Charter of the United Nations, which provided
that a State acting in self-defence must report the measures it had adopted in that regard to
the Security Council, noting that this could apply to the use of drones. The Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism emphasized that there was no justification for States to keep
secret their own estimates of the number of civilian casualties that had been inflicted by
drone strikes. The obligation to investigate and to make public the results was triggered
whenever there was a plausible indication from any source that civilian casualties might
have been sustained, including when the facts were unclear, or the information was partial
or circumstantial. He further noted that to entrust methods of warfare to a secret intelligence
agency that by nature cannot confirm or deny the existence of its operations, necessarily
frustrated the duties of accountability and transparency and made it impossible for the State
involved to make public the results of its post-strike investigations. Military activity that
claimed the lives of human beings could never lawfully reach the requirements of
accountability and transparency if it was carried out by secret intelligence agencies.
V. Conclusions
52.
In their concluding remarks, the panellists emphasized that the human rights
implications of the use of armed drones was an issue firmly within the remit of the
Human Rights Council. They affirmed that the existing legal framework was
sufficient and clear. They recalled that international human rights law was applicable
at all times and that armed drones were not always used in the context of an armed
conflict. In such situations, international human rights law and domestic law were the
primary, and often the exclusive, sources of law applicable to the use of armed drones.
Where the situation did amount to an armed conflict, international human rights law
remained applicable and the right to life was interpreted through the lens of
international humanitarian law.
53.
The panellists emphasized that current practices in the use of drones raised
serious questions regarding compliance with international law, including international
human rights law. The right to life must be respected in its two components: the right
not to be subject to arbitrary deprivation of life and accountability for violations of
the right to life. The violation of either is a violation of the right to life itself. There
were serious concerns related to the ability of signature strikes and other such
practices to comply with international law that needed to be addressed.
54.
The lack of accountability for violations of international human rights law, in
particular the right to life, must be addressed. Where there were credible allegations
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