Strategic and legal aspects of the combat use of drones in the US counterterrorist operations

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Strategic and legal aspects of the combat use of drones in the US counterterrorist operations

Željko Jović

The rapid increase in the use of armed drones in the first decade of the 21st century in launching air strikes against Al Qaeda and its related terrorist groups has enabled the US counterterrorist operations to have an unprecedented advantage over highly decentralized and fragmented terrorist networks. Terrorist organizations are not burdened with the rules and regulations of a sovereign state and its members can freely move across state borders, operate in different parts of the world, enabling them to plan, organize and execute objectives and tasks. A freedom of movement gives terrorist networks a significant advantage over sovereign states. Intensive technical and technological improvement of drones will enable a wider range of options in the US counterterrorist operations as a direct response to security threats by terrorist groups and they will diminish the strategic advantage of terrorist networks.
The combat use of drones enables the US military and intelligence community the ability to quickly and resolutely oppose terrorist networks globally, to effectively weaken and/or neutralize their development in key regions of the world, reduce their operational capabilities and prevent their free movement. The advancement of technology and tactics in the use of armed drones acts as a "multiplier of power" for the US military and intelligence community, enabling them to project significant military force in inhospitable parts of the world. The dedication of Bush and Obama administration to the combat use of drones against leaders and operational members of international terrorist groups has put their use in the forefront of counterterrorist operations, both tactically and strategically.
The US program on the use of drones raises very important questions in relation to international law and the US legal system. Discussions about its legitimacy have been obstructed by Obama administration constant refusal to answer even the basic questions concerning the combat use of drones. The lack of transparency and inconsistency with the main principles of international law have made it impossible to evaluate effectiveness of the combat use of drones in neutralizing terrorist groups and their networks, as well as legal justification of the program. Unclear statements by the US officials on this program, with the absence of a clear state policy, lead to weakening of the basic principles of international law and fundamental human rights.

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