Overview
The Institute for National Security and Counterterrorism (INSCT) Project on the Rise of the Drones seeks to illuminate the debate on the legality of the use of drones to target enemies, including al-Qa’ida and Taliban operatives, in various locations around the world.
The U.S. decision after September 11 to use drones to target and kill al-Qa’ida and Taliban operatives in Afghanistan was a significant departure from its previous use of such aircraft. Until 2002 drones had been used for surveillance, with lethal force carried out by either ground troops or manned aircraft. However, in response to the escalating terrorism threat, new elements of the U.S. targeted killing policy began to emerge when on November 3, 2002, a drone fired a Hellfire missile and killed senior al-Qa`ida leader Qaed Salim Sinan al-Harethi and five low-level operatives traveling by car in a remote part of the Yemeni desert. This marked the first use of an armed Predator outside Afghanistan. Widespread criticism and scrutiny ensued, resulting in growing debate both within the U.S. and internationally over the legality of drones and unmanned targeting.
Contemporary laws have not kept up with the dynamics of targeted killing, where relevant spheres of authority regularly overlap - the laws of the United States (constitutional, statutory, executive, and customary), international laws (treaty-based and customary), and international humanitarian law (a subset of international law that applies during “armed conflicts”).
In part, the lack of consensus on the legal rules reflects the changing nature of asymmetric warfare. The United States now finds itself engaged in military conflicts with non-state groups, and such conflicts were not the subject of the extensive international framework for warfare negotiated after the World Wars.
Project Objective
To
stimulate and contribute to international dialogue on the interpretation and adaptation of
domestic and international laws to modern challenges of
armed conflict posed by asymmetric warfare typically waged by non-state entities.
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The testimonies of established experts presented to the U.S. House of Representatives, Committee on Oversight and Government Reform, Subcommittee on National Security and Foreign Affairs, and the topic of "Rise of the Drones: Unmanned Systems and the Future of War" are documented.
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To help contribute to and facilitate dialogue on the usage of drones, INSCT offers a selection of academic articles, news reports and video, by experts and commentators in the field.
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View recent and upcoming events hosted by or contributed to by INSCT staff and faculty.
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Project Expert