Acceso usuarios
Cristina Sánchez de la Cruz
This article attempts to analyse the legality of U.S. drone strikes in the FATA region of Pakistan, its compliance with applicable IHL and IHRL standards, and its consequences for the civilian population. It will firstly evaluate the different justifications given by the U.S. in order to legitimise its resource to the use of force in the tribal areas of Pakistan, namely, the existence of a non-international armed conflict against a stateless enemy, Pakistan’s consent to their operations, and the use of force in self-defence in compliance with article 51 of the UN Charter. Secondly, and due to the relative novelty of drones or UAVs, the legality of this innovative weapon will be assessed, as well as the compliance of U.S. targeted killings with IHRL obligations. Such practices will be similarly evaluated from the perspective of IHL, with special focus on the principles of distinction, proportionality and necessity. In its final section, the present article addresses the consequences of U.S. drone policy, its efficacy in the fight against terrorism, and the impact it has had on Pakistani civilian population.
