A/HRC/28/38
graduated use of force – could be employed. Those international human rights standards
governed the use of armed drones in law enforcement situations.
7.
The Deputy High Commissioner’s second point dealt with the human rights impact
of the use of drone strikes. Research had highlighted the grave and wide-ranging impact
strikes were having on individuals – including children, the elderly and disabled – and their
communities. In some situations, drone strikes had compromised the daily life of the
society affected and the enjoyment by individuals of their human rights including their right
to peaceful assembly, freedom of association, freedom of religion, education and health,
among others. She stressed that irrespective of claims related to their precision, the use of
armed drones created an atmosphere of fear in affected communities. In addition to the
documented loss of life through individual casualties, including bystanders, in some places
the fear of drone strikes had had a negative impact, resulting in education being interrupted,
as families kept children home from school; in interrupted cultural and religious practices,
as community members avoided gathering in groups for fear of being targeted; or in
reluctance to assist victims, for fear of being caught in secondary strikes.
8.
Third, the Deputy High Commissioner referred to the concepts of transparency and
accountability. She noted that both were key to ensuring the enjoyment by victims of
human rights violations of their associated right to a meaningful remedy. Lack of
transparency concerning the circumstances in which armed drones were used, as well as the
involvement of intelligence agencies in their use, created obstacles to determining the
applicable legal framework and ensuring compliance. It also hampered the delivery of
justice and redress for victims, and was a barrier to preventing violations from occurring in
the first place. The Deputy High Commissioner recalled that the previous High
Commissioner had expressed particular concern at the lack of transparency surrounding
drone strikes, for those reasons. It was important that State policies on the use of armed
drones be spelled out more clearly, including the legal basis that would legitimate specific
attacks. The Deputy High Commissioner also recalled that the Secretary-General had urged
States to take all necessary measures to ensure that attacks involving drones complied with
applicable international law. She emphasized that States had an obligation to carry out
prompt, independent and impartial investigations whenever there were credible indications
of a serious violation of international human rights law and, where applicable, international
humanitarian law, which had allegedly occurred because of an armed drone strike. As an
inherent part of the right to life, international human rights law required accountability for
any violation of that right. Perpetrators of any such violation must be held to account.
9.
Finally, the Deputy High Commissioner drew attention to the important work that
had been done on those issues by the special procedures mandate holders. She recalled that,
12 years earlier, the then Special Rapporteur on extrajudicial, summary or arbitrary
executions had raised concerns about targeted killings through the use of drone strikes in
Yemen. In 2010, her successor had conducted a critical study on targeted killings, including
through the use of armed drones. The Deputy High Commissioner noted that the panel
discussion would benefit from the analysis of the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism and the
Special Rapporteur on extrajudicial, summary or arbitrary executions, as they had
continued to address those issues. Finally, the Deputy High Commissioner highlighted that,
as more States and non-State actors obtained the technology that enables the deployment of
armed drones, compliance with international human rights law and accountability for their
use would become increasingly urgent.
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