Clashing over drones: the legal and normative gap between the United States and the human rights community

Brunstetter, Daniel R.; Jimenez-Bacardi, Arturo

doi:10.1080/13642987.2014.991214

Cited by 12 publications

(2 citation statements)

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“…The application of human rights law (as well as domestic law in the case of strikes on their own citizens) to drone operations was contested by Western governments, who preferred to apply the more permissive laws of war to their operations (Brunstetter & Jimenez-Bacardi, 2015). International humanitarian law distinguishes between the decision to go to war ( jus ad bellum ) and behavior in war ( jus in bello ).…”

Section: The First Wave—debating Killer Dronesmentioning

confidence: 99%

New Rules for New Tools? Exploitative and Productive Lawfare in the Case of Unpiloted Aircraft

Connolly

2018

Alternatives: Global, Local, Political

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Contemporary shifts in technology are celebrated for empowering human rights defenders and generating prosperity, but they also enable new forms of human rights violations. This article traces the evolving legal and regulatory challenges posed by drones across two distinct waves of debate. The first involved questions about the legality of weaponized drones in foreign airspaces. The second has centered on the domestication of the technology in American and European airspaces. This article argues that the legal gaps exposed in both waves are not an inevitable side effect of drone technology but are the result of key actors opportunistically using new capabilities to exploit existing rules or even to produce new ones—a process known as lawfare. This linkage between technology and lawfare is important because the drone debates encapsulate many of the core challenges surrounding emerging technologies such as algorithmic decision-making, autonomous vehicles, and big data. Lawfare over unpiloted aircraft is a prelude to the struggles ahead.

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Section: The First Wave—debating Killer Dronesmentioning

confidence: 99%

New Rules for New Tools? Exploitative and Productive Lawfare in the Case of Unpiloted Aircraft

Connolly

2018

Alternatives: Global, Local, Political

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“…Other scholars propose measures on how to increase transparency on both domestic (Guiora, 2013;Johnson, 2007;Murphy & Radsan, 2009) and international levels (Buchanan & Keohane, 2015). Finally, a number of studies have moved beyond assessing the legitimacy of targeted killing by analyzing the legal and moral arguments (Brunstetter & Jiminez-Bacardi, 2015;MacDonald, 2016) as well as the terminology (Waldron, 2016) that state and non-state actors use in (de)legitimizing targeted killings. 1 The third and final branch of the literature inquires into the broader impact of targeted killing.…”

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confidence: 99%

The Transformation of Targeted Killing and International Order

Senn

Troy

2020

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This article introduces the special issue's question of whether and how the current transformation of targeted killing is transforming the global international order and provides the conceptual ground for the individual contributions to the special issue. It develops a two-dimensional concept of political order and introduces a theoretical framework that conceives the maintenance and transformation of international order as a dynamic interplay between its behavioral dimension in the form of violence and discursive processes and its institutional dimension in the form of ideas, norms, and rules. The article also conceptualizes targeted killing and introduces a typology of targeted-killing acts on the basis of their legal and moral legitimacy. Building on this conceptual groundwork, the article takes stock of the current transformation of targeted killing and summarizes the individual contributions to this special issue.

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Armed Drones: Automation, Autonomy, and Ethical Decision-Making

Lee¹

2017

The Political Economy of Robots

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Clashing over drones: the legal and normative gap between the United States and the human rights community

Cited by 12 publications

References 13 publications

New Rules for New Tools? Exploitative and Productive Lawfare in the Case of Unpiloted Aircraft

New Rules for New Tools? Exploitative and Productive Lawfare in the Case of Unpiloted Aircraft

The Transformation of Targeted Killing and International Order

Armed Drones: Automation, Autonomy, and Ethical Decision-Making

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