A/HRC/28/38
of violations of international law, States were under an obligation to carry out
prompt, independent and impartial investigations, and to make the results publicly
available. States had a duty of public explanation to victims and to the international
community. States should permit judicial review of the claims alleging grave
violations of domestic and international law, and should be more transparent in their
use of drones as a precondition to any meaningful accountability, including by
providing information about the legal basis for the use of drones and facts about
specific strikes.
55.
The plight of victims must be recognized, and their rights to effective remedy,
including reparation and the right to truth, must be respected. The impact of drone
strikes on individuals and communities must also be recognized, including their
impact on the right to work, to education, to health, to religion and to association.
With regard to individuals suspected of terrorist activity, the rights of due process, to
a fair trial, to the presumption of innocence, and to respect for the rule of law must
also be respected.
56.
Finally, the panellists noted that it was important that the Human Rights
Council remain actively engaged on issues related to the human rights aspects of the
use of armed drones. The starting point of any legal analysis on armed drones should
be existing international law, in particular the prohibition against the arbitrary
deprivation of life. Modifying well-established rules of international law to
accommodate the use of drones might have the unintended long-term consequence of
weakening those rules. The existing legal framework was sufficient and did not need
to be adapted to the use of drones, rather, it was the use of armed drones that must
comply with international law.
16
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents