A/HRC/28/38
IV. Summary of the discussion
29.
During the plenary discussion, delegations from Algeria, Bolivia (Plurinational State
of), Brazil, Chile, China, Cuba, Ecuador, France, Germany, Indonesia, Iran (Islamic
Republic of), Ireland, Malaysia, the Netherlands, Nigeria, Pakistan, the Russian Federation,
South Africa, Sri Lanka, the Sudan, Switzerland, the United Kingdom of Great Britain and
Northern Ireland, the United States of America and Venezuela (Bolivarian Republic of)
took the floor.
30.
Delegates of the following non-governmental organizations (NGOs) also took the
floor: Amnesty International, the Organization for Defending Victims of Violence, the
American Civil Liberties Union, the Open Society Institute (on behalf of Open Society
Foundations), and the Women’s International League for Peace and Freedom. A
representative of ICRC also took the floor.
A.
General remarks
31.
Most delegations welcomed the discussion at the Human Rights Council of the
human rights implications of countering terrorism, including the use of armed drones. Some
delegations suggested that the issue of armed drones should also be discussed in other
forums, to encompass the wide-ranging aspects of the topic. Some States noted that the
conduct of military operations in conformity with international humanitarian law was not of
primary relevance to the mandate of the Human Rights Council, with one delegation
referring to the initiative of Switzerland and ICRC on enhancing compliance with
international humanitarian law, as a forum more conducive to engagement on issues
involving the law of armed conflict. Other delegations noted that discussions on weapons
on a thematic basis would be more appropriate in the context of arms control and
disarmament forums, with the informal meeting of experts on the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be
deemed to be Excessively Injurious or to have Indiscriminate Effects noted by way of
example.
32.
In their responses to the questions and remarks of delegations the panellists all
emphasized the relevance of the Human Rights Council to any discussion on the use of
armed drones. The Special Rapporteur on extrajudicial, summary or arbitrary executions
recalled that the essence of the discussion related to targeted killings, which was an issue of
primary relevance to the “supreme” human right to life. As the Human Rights Council was
the prime international body for the examination of human rights issues, the discussion fell
squarely within its jurisdiction. He noted that the international law principles relating to the
right to life and the use of force were well established and tested over time and that the
Human Rights Council should not relinquish its responsibility as their custodian. The
Special Rapporteur on the promotion and protection of human rights and fundamental
freedoms while countering terrorism noted that the discussion was not about arms control,
but about the human rights implications of the use of armed drones. That required
consideration of the applicable legal regime, to determine whether international human
rights law operated alone or together with international humanitarian law, noting that
whatever the context, international human rights law applied to the use of armed drones and
governed the situation. It was also about the duty to investigate violations of the right to life
and the duty to be transparent about the results of the investigations, which was “classic”
human rights law territory.
33.
Delegations recalled the obligation to respect the general principles of international
law in the use of drones. Respect for State sovereignty, territorial integrity, including
sovereign air space, and the political independence of all States were referred to. Speakers
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