Operationalizing Use of Drones Against Non-State Terrorists Under the International Law of Self-Defense
38 Pages Posted: 28 Jun 2014 Last revised: 4 Aug 2015
Date Written: June 18, 2014
Abstract
This draft article addresses the permissibility of self-defense targetings in a foreign state under international law, the operationalizing of who and what can be targeted, operationalizing the choice of when and how to target, and future choice regarding types of drones that can be used for self-defense targetings. Criteria for operationalizing contextually-aware and nuanced choice are identified. Also identified is the difference between self-defense and law enforcement in a foreign state.
Keywords: al Qaeda, Article 51, attribution, AUMF, autonomous, Caroline, CCF, civilian object, collective self-defense, consent, Constitution, distinction, DPAA, DPH, drone, indiscriminate, law enforcement, law of war, operationalizing, posse comitatus, proportionality, targeting, terrorist, unwilling
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