A/HRC/28/38
I. Introduction
1.
Pursuant to its resolution 25/22, the Human Rights Council held an interactive panel
discussion of experts on “ensuring use of remotely piloted aircraft or armed drones in
counterterrorism and military operations in accordance with international law, including
international human rights and humanitarian law” on 22 September 2014. The panel
discussion examined issues related to the use of remotely piloted aircraft or armed drones in
counterterrorism and military operations in accordance with international law, including
international human rights and humanitarian law. It also addressed questions raised in the
report of the Special Rapporteur on the protection of human rights and fundamental
freedoms while countering terrorism (A/HRC/25/59).
2.
The panel discussion was chaired by the President of the Human Rights Council and
moderated by Dapo Akande, Co-Director of the Oxford Institute for Ethics, Law and
Armed Conflict, Oxford University. The United Nations Deputy High Commissioner for
Human Rights gave an opening address. The panellists were Shahzad Akbar, Legal
Director of the Foundation for Fundamental Rights; Alex Conte, Director of International
Law and Protection Programmes at the International Commission of Jurists; the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism; the Special Rapporteur on extrajudicial, summary, or arbitrary
executions and Pardiss Kebriaei, Senior Attorney at the Center for Constitutional Rights.
3.
In resolution 25/22, the Council requested the Office of the High Commissioner for
Human Rights to present a summary of the deliberations of the panel discussion at its
twenty-eighth session and the present report is submitted pursuant to that request.
II. Opening statement by the United Nations Deputy High
Commissioner for Human Rights
4.
The Deputy High Commissioner noted that the discussion on the use of remotely
piloted aircraft or armed drones in compliance with international law was both very timely
and essential, because the development of such technologies was running ahead of our
understanding of their human rights implications. The recent emergence of a range of new
weapons technologies has raised a number of legal questions, including under international
human rights law. She stated that, since its emergence 15 years ago, drone technology had
developed remarkably and the use of drones had grown exponentially in the context of
military operations and counter-terrorism measures. An increasing number of States were
seeking to acquire armed drone technologies and there was concern that non-State actors
might possess such technology as well.
5.
The Deputy High Commissioner made clear that States had the duty under
international law to take measures to protect individuals from terrorist acts, but those
measures must be consistent with international human rights law.
6.
The Deputy High Commissioner made three main points. The first related to the
legal framework applicable to the use of armed drones. She emphasized that international
human rights law applied at all times, including in situations of armed conflict. She noted
that the human right to life placed stringent conditions on the use of lethal force. In any
situation other than active hostilities in an armed conflict, the prohibition of the arbitrary
deprivation of life implied that the intentional use of lethal force was lawful only when an
individual posed an imminent threat to the life of another and where the use of lethal force
was strictly unavoidable to protect life. Additionally, such use of lethal force would be
lawful only where other, less lethal, measures – including restraint, capture, and the
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