Examining the Applicability of the Rules of International Humanitarian Law Regarding the Use of DronesJournal: International Journal of Nations Research (Vol.5, No. 56)
Publication Date: 2020-08-21
Authors : Rezwan A. Mohammadi;
Page : 59-78
Keywords : Drone; International Humanitarian Law; Principle of Separation; Armed Conflict;
Drones, like other military tools and equipment, are subject to the rules of international humanitarian law. Therefore, it is necessary to examine the legitimacy or illegality of the use of these aircrafts within the framework of the rules of international humanitarian law and the regulations of armed conflict. In this regard, the principle of separation, the principle of proportionality, and the principle of precaution and their applicability to drones will be examined. A look at the rules of international law, especially humanitarian law, shows that the use of drones is not inherently prohibited in general, and that these aircrafts themselves do not violate the principles and rules of humanitarian law. Because drones are considered as war tools and equipment, not weapons, the provisions governing arms control do not apply to them and they are not considered as prohibited weapons. But as tools and equipment of war and in order to realize the methods of conflict, they must be able to comply with the principles and rules of international humanitarian law, especially the principle of separation. It is not possible to make a general judgment as to whether drones are generally capable of complying with these rules and the do's and don'ts of the law of armed conflict, and whether any use of them complies with these rules. Rather, it is based on the purpose for which the aircraft is operated, with what capabilities and functions, and in what circumstances and under what control methods.
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