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3 St. John's J. Int'l & Comp. L. 1 (2012-2013)

handle is hein.journals/sjjicl3 and id is 1 raw text is: 








      DRONES AND TRANSNATIONAL ARMED
                           CONFLICTS

                         Michael   W. Lewis

        Drones  are  certainly  one of  the most  discussed   features
of the  ongoing  conflict between   the United  States  and al Qaeda,
and  in many   ways  they  are one  of the most  misunderstood. To
some   they represent  a step  towards  a dystopian   future in which
Terminator-like machines relentlessly hunt down human
beings.1    Others   have  criticized  drones   for  causing   civilian
casualties,2  for violating the  sovereignty  of nations  not directly
involved   in  the  conflict,3  for  increasing       the  support for al
Qaeda amongst the civilian population,4 and           for  bringing   a
video-game mentality to warfare.5        Drone   strikes are viewed

     * Professor of Law at Ohio Northern University Pettit College of Law. I would

like to thank the members of the St. John's Journal of International and Comparative
Law for creating an excellent Symposium to discuss the legality and policy
considerations underlying the use of armed drones. I would also like to thank the
participants at the symposium for their comments and suggestions concerning this
essay. In discussing the capabilities, limitations and near term uses of drones I draw
upon my experience flying F-14's for the U.S. Navy during the 1991 Persian Gulf War.
     1 See Peter Finn, A Future for Drones: Automated Killing, WASHINGTON POST
(Sep. 10, 2011), http://www.washingtonpost.com/national/national-security/a-future-
for-drones-automated-
killing/2011/09/15/glQAVy9mgK-story.html?wpisrc=emailtoafriend; see also David
Luban, What Would Augustine Do? The President, Drones and Just War Theory,
BOSTON REVIEW  (June 6, 2012),
http://www.bostonreview.net/BR37.3/david-luban-obamadrones just-wartheory.ph
p.
     2 See US Drone Strikes 'Raise Questions' - UN's Navi Pillay, BBC NEWS ASIA
(June 8, 2012), http://www.bbc.co.uk/news/world-asia-18363003.
     3 Rise of the Drones II: Examining the Legality of Unmanned Targeting: Hearing
Before the Subcomm. on Nat'1 Sec. and Foreign Affairs of the H. Comm. on Oversight
and Gov'tReform, 111th Cong. (Apr. 28, 2010) (statement of Mary Ellen O'Connell,
Professor, University of Notre Dame)[hereinafter O'Connell testimony]; see also LA
Times Editorial Board, A Closer Look at Drones, LA TIMES (Sep. 25, 2011),
http://articles.latimes.con201 1/sep/25/opinion/la-ed-drones-20110925.
     4 See Sudarsan Raghavan, In Yemen, US Airstrikes Breed Anger, and Sympathy
for al Qaeda, WASHINGTON POST (May 29, 2011),
http://www.washingtonpost.coniworld/middle-east/in-yemen-us-airstrikes-breed-
anger-and-sympathy-for-al-qaeda/2012/05/29/gJQAUmKIOU-story.html.
      See Philip Alston, Report of the Special Rapporteur on Extrajudicial, Summary
or Arbitrary Executions, ¶84, UN Doc. HRC/14/24/Add. 6, (May 28, 2010),

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