Lawfulness of US Drone Strikes in Pakistan: An International Perspective.

摘要

In response to the terrorist attacks of 9/11, the US has been conducting covert targeted killing operations against al-Qaeda, the Taliban and other associated forces located in Pakistans Federally Administered Tribal Areas (FATA). Using remotely piloted aircraft, also known as drones, the US has been able to bring lethal justice to those responsible for the 9/11 attacks by killing Americas enemies in this territory in northwestern Pakistan, and with much tactical success. One report has noted that since 2004, more than 550 alleged terrorists have been killed by US drone strikes to include the infamous leader of the Pakistani Taliban, Baitullah Mehsud. Lauded by politicians and loathed by our enemies, American drones have offered quick strikes, and measurable results, all under a blanket of secrecy. Despite the tactical success and political embrace of the covert drone strike program, however, there is evidence to suggest that their employment has come at the greater expense of violating international legal standards that regulate a states use of lethal force. Americas drone strike policy comes in the face of intense US criticism that has likened American drone strikes to terrorist acts themselves, and extrajudicial killings, assassinations in violation of international law. Despite the public outcry from the international community, to date the US has failed to articulate in any detail satisfying to its critics the lawfulness of its actions. The stepped up pace of American drone strikes coupled with the international criticism, in the face of American silence, on the lawfulness of its actions has made the legal analysis of US drone strikes in Pakistans FATA that more pressing. This study comprises a look at the international laws that are implicated by US drone strikes in Pakistans FATA. These laws include Human Rights Law, the law of interstate force, and International Humanitarian Law.