A/HRC/44/38
90.
OHCHR should submit to the Human Rights Council an annual report tracking
drone strikes and casualties.
91.
Member States should:
(a)
Set up a discussion forum on Article 51 claims to exchange information
about the operationalization and scope of and limits to the right to self-defence;148
(b)
Establish a transparent multilateral process for the development of robust
standards on the use of drones;
(c)
Failing (b), like-minded States should establish a group of experts to
develop such standards (in the form of a time-bound forum), for States, academics and
civil society to identify and strengthen legal norms and accountability mechanisms;
(d)
Invite experts or institutions to publicly classify armed conflicts and
situations that may have triggered or are evolving rapidly as an international or noninternational armed conflict;
(e)
Support initiatives prohibiting the use of veto by Security Council
members when mass atrocities and self-defence claims must be reviewed, and support
also the automatic convening of the General Assembly whenever a veto is cast in the
Council149 in relation to these matters;
(f)
Support the Secretary-General’s protection of civilians strategy by
providing it with a clear mandate and adopting specific guidance on the use of explosive
weapons in urban areas;
(g)
Adopt a strong political declaration on strengthening the protection of
civilians from humanitarian harm arising from the use of explosive weapons in
populated areas.
92.
States using armed drones should:
(a)
When invoking Article 51, provide a thorough justification, including
evidence of an ongoing or imminent attack and information on the proportionality of
the measures to be taken in response;
(b)
Set up a dedicated civilian casualty mitigation and investigation team with
commensurate resources to understand the impact of drone operations and accurately
record civilian harm;
(c)
Robustly investigate allegations of civilian harm, including with external
sources, and release data and findings.
93.
States assisting other States’ drone programmes should:
(a)
Inform parliament of any assistance arrangements;
(b)
Establish a robust oversight framework to ensure that they are not
complicit in unlawful actions and that State officials are criminally liable (assurances
are not, on their own, sufficient);
(c)
In situations involving the use of force in countries with which the host
State is not in conflict, adherence to international human rights law should guide the
use of force.
94.
States that export armed drones technologies should:
(a)
Enact stricter controls on the transfer of military and dual-use drone
technologies and apply clear criteria to prevent irresponsible transfers;
148
149
A/AC.182/L.154.
S/PV.8699, p. 37. Such a discussion would take place without prejudice to any possible outcome and
irrespective of the substance of the draft resolution that was subject to a veto.
21
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