Airstrikes by unmanned aerial vehicles have become a matter of serious dispute lately. The controversy focuses on the United States, which has the biggest fleet of these weapons and which employs them more frequently than any other country. On one side of this dispute are those who regard them simply as another weapon of war whose virtue is the precision with which they strike targets. On the other side are those who argue that in general, unmanned aerial vehicles are used to kill specific individuals, frequently civilians, thus denying the targeted individuals their basic right to some form of legal due process.
Let’s begin with the weapons systems, the MQ-1 Predator and the MQ-9 Reaper. The media call them drones, but they are actually remotely piloted aircraft. Rather than being in the cockpit, the pilot is at a ground station, receiving flight data and visual images from the aircraft and sending command signals back to it via a satellite data link. Numerous advanced systems and technologies work together to make this possible, but it is important to remember that most of these technologies have been around in some form for decades, and the U.S. government first integrated them in the 1990s. The Predator carries two Hellfire missiles — precision-guided munitions that, once locked onto the target by the pilot, guide themselves to the target with a high likelihood of striking it. The larger Reaper carries an even larger payload of ordnance — up to 14 Hellfire missiles or four Hellfire missiles and two 500-pound bombs. Most airstrikes from these aircraft use Hellfire missiles, which cause less collateral damage.
Unlike a manned aircraft, unmanned aerial vehicles can remain in the air for an extended period of time — an important capability for engaging targets that may only present a very narrow target window. This ability to loiter, and then strike quickly when a target presents itself, is what has made these weapons systems preferable to fixed wing aircraft and cruise missiles.
The Argument Against Airstrikes
What makes unmanned aerial vehicle strikes controversial is that they are used to deliberately target specific individuals — in other words, people who are known or suspected, frequently by name, of being actively hostile to the United States or allied governments. This distinguishes unmanned aerial vehicles from most weapons that have been used since the age of explosives began. The modern battlefield — and the ancient as well — has been marked by anonymity. The enemy was not a distinct individual but an army, and the killing of soldiers in an enemy army did not carry with it any sense of personal culpability. In general, no individual soldier was selected for special attention, and his death was not an act of punishment. He was killed because of his membership in an army and not because of any specific action he might have carried out.
Another facet of the controversy is that it is often not clear whether the individuals targeted by these weapons are members of an enemy force. U.S. military or intelligence services reach that conclusion about a target based on intelligence that convinces them of the individual’s membership in a hostile group.
There are those who object to all war and all killing; we are not addressing those issues here. We are addressing the arguments of those who object to this particular sort of killing. The reasoning is that when you are targeting a particular individual based on his relationships, you are introducing the idea of culpability, and that that culpability makes the decision-maker — whoever he is — both judge and executioner, without due process. Those who argue this line also believe that the use of these weapons is a process that is not only given to error but also fundamentally violates principles of human rights and gives the state the power of life and death without oversight. Again excluding absolute pacifists from this discussion, the objection is that the use of unmanned aerial vehicles is not so much an act of war as an act of judgment and, as such, violates international law that requires due process for a soldier being judged and executed. To put it simply, the critics regard what they call drone strikes as summary executions, not acts of war.
The Argument for Airstrikes
The counterargument is that the United States is engaged in a unique sort of war. Al Qaeda and the allied groups and sympathetic individuals that comprise the international jihadist movement are global, dispersed and sparse. They are not a hierarchical military organization. Where conventional forces have divisions and battalions, the global jihadist movement consists primarily of individuals who at times group together into distinct regional franchises, small groups and cells, and frequently even these groups are scattered. Their mission is to survive and to carry out acts of violence designed to demoralize the enemy and increase their political influence among the populations they wish to control.
The primary unit is the individual, and the individuals — particularly the commanders — isolate themselves and make themselves as difficult to find as possible. Given their political intentions and resources, sparse forces dispersed without regard to national boundaries use their isolation as the equivalent of technological stealth to make them survivable and able to carefully mount military operations against the enemy at unpredictable times and in unpredictable ways.
The argument for using strikes from unmanned aerial vehicles is that it is not an attack on an individual any more than an artillery barrage that kills a hundred is an attack on each individual. Rather, the jihadist movement presents a unique case in which the individual jihadist is the military unit.
In war, the goal is to render the enemy incapable of resisting through the use of force. In all wars and all militaries, imperfect intelligence, carelessness and sometimes malice have caused military action to strike at innocent people. In World War II, not only did bombing raids designed to attack legitimate military targets kill civilians not engaged in activities supporting the military, mission planners knew that in some cases innocents would be killed. This is true in every military conflict and is accepted as one of the consequences of war.
The argument in favor of using unmanned aerial vehicle strikes is, therefore, that the act of killing the individual is a military necessity dictated by the enemy’s strategy and that it is carried out with the understanding that both intelligence and precision might fail, no matter how much care is taken. This means not only that civilians might be killed in a particular strike but also that the strike might hit the wrong target. The fact that a specific known individual is being targeted does not change the issue from a military matter to a judicial one.
It would seem to me that these strikes do not violate the rules of war and that they require no more legal overview than was given in thousands of bomber raids in World War II. And we should be cautious in invoking international law. The Hague Convention of 1907 states that:
The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:
To be commanded by a person responsible for