1. Drones, Targeted Killing, and the Law
Professor David Glazier
Loyola Law School, Los Angeles

2. Outline Military drone systems Targeted killing paradigms
Self–defense
Armed conflict
Key questions:
Who can we kill?
Where?

3. Drone Systems
Raven
Switchblade

4. Drone Systems
Global Hawk
RQ-4
Sentinel
RQ-170

5. Drone Weapon Systems
Predator
RQ-1/MQ-1
Reaper (Predator B)
MQ-9

6. How Armed Drones Work
Remotely Piloted
- not Robotic

7. War Powers of Congress Article I, § 8: The Congress shall have Power:
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water . . .

8. Presidential War Powers
Article II, § 2: The President shall be Commander in Chief of the Army and Navy of the United States . . .

9. War Powers Language
To “Make War” versus “Declare War”

10. Lethal force outside armed conflict?
Constitution/International Human Rights Law bar state killing except:
Execution following criminal trial
Immediate self-defense

11. Self-Defense Criteria
“Instant, overwhelming,
No choice of means,
No moment for deliberation”
“Imminent” threat

12. Armed Conflict Paradigm
Permits lethal force based on “enemy status”
9/11 recognized as “armed attack”
Congressional authorization for use of military force

13. Armed Conflict Challenges
Identifying the “enemy” (group)
AUMF & International law constraints

14. Authorization for Use of Military Force
. . . the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations
- Public Law (Sept. 18, 2001)
- Al Qaeda
- Afghan Taliban

15. Hakimullah Mehsud

16. Tehrik-i-Taliban Timeline
2007 – Formal founding by Baitullah Mehsud - goal Muslim fundamentalist rule in Pakistan 2009 – Baituallah Mehsud killed by US drone - succeeded by Hakimullah Mehsud - 7 CIA officers killed in Afghanistan revenge attack 2010 – Attempted Times Square bombing 2013 – Shooting of Malala Yousafzai - drone killing of Hakimullah Mehsud

17. Armed Conflict Challenges
Identifying the “enemy” (group)
AUMF constraints
“Associated Forces?”
Identifying lawful targets (individuals within group)

18. Who May be Targeted? Anwar al-Awlaki
U.S. citizen radical Muslim cleric?
Nationality doesn’t matter
“Due Process?”
Capture as first priority?
Anwar al-Awlaki

19. Armed Conflict Challenges
Identifying the “enemy” (group)
AUMF constraints
“Associated Forces?”
Identifying lawful targets (individuals within group)
Combatants/Civilians directly participating in hostilities
Geographic Constraints

20. Where May Attacks be Made?
Battlefield?
Conflict states and high seas
Neutral states?
Consent?
Unwilling/unable?
Imminence requirement

21. Pakistan Unwilling or unable to prevent abuse of territory? Consent?
Separate non-international armed conflict?
Outside AUMF?

22. Yemen and Somalia Consent/Unable to prevent abuse of territory?
Congressional authorization?
AQAP/al Shabaab

23. Will It Matter?

24. Why All This Really Matters
Nigeria
Iraq
Pakistan
UAE
Saudi Arabia

25. Conclusions Drones strikes can be lawful in armed conflicts
Claimed US government authority way overbroad
No domestic authority to strike Pakistani Taliban/AQAP, etc.
Apparent failure to respect limits on individuals targeted
Attacks outside of theater of conflict
Drone proliferation makes getting law right important

26. Questions?