Reparations for Drone Warfare: Compensating Victims of Extrajudicial Killings
![handle is hein.journals/jgro11 and id is 40 raw text is: REPARATIONS FOR DRONE WARFARE:
COMPENSATING VICTIMS OF EXTRAJUDICIAL KILLINGS
Pranav Lokin*
ABSTRACT
In 2017, an errant drone strike orchestrated by the U.S. military in Yemen killed dozens of
children on their way to school. The families of those children have no way offormally getting
justice, truth, or a guarantee that these lives were not lost in vain. Under President Barack Obama
[and continued in the Trump presidency], drone strikes have become the primary means of armed
combat. The issue of civilians being killed in significant numbers due to collateral damage from
drone strikes is not new. However, victims of drone strikes abroad are unable to seek redress in
U.S. courts. While the news articles gain notoriety, our current system remains silent on the
injustice. The Political Question Doctrine (PQD) prevents U.S. courts from assessing fault in a
drone strike. The inability of the Judiciary to become involved prevents a formal recognition of
failed processes or errors in targeting. The military's lack of accountability harms the credibility
of U.S. operations abroad. Human rights activists have been largely unsuccessful in petitioning
the U.S. government to address its drone policy. However, victims of drone strikes abroad can
access U.S. courts if the strike in question was carried out by private military contractors. When
a private contractor's actions in a drone strike run afoul of the color of law, they are subject to
liability. This presents a dual liability regime, especially as drone technology moves towards
increased privatization. Private actors being held liable could lead to a renewed interest in
Congressional action. The exposure of private actors to liability could chill investment and
innovation in a space where all parties want better targeting and less collateral damage. This
Article argues that a new system is needed that improves transparency and addresses the gap in
liability. A system created by Congress would bypass any PQD concerns of the Judiciary and
allow for recognition of mistakes through compensating families. This Article highlights the
existing inequalities in the system and proposes a new solution that would provide accountability.
* JD, Emory University School of Law (2020); MSc London School of Economics (2016); MSc, St. Antony's
College, University of Oxford (2015). I want to thank Professor Frank Vandall for his valuable comments during
the drafting process and my mother Manjusri Vennamaneni for supporting my endeavors at every step. It is
important to examine the systems that underlie the injustices in the world if we ever want to see a better future.](ViewImageLocal?handle=hein.journals/jgro11&div=5&collection=&method=preview&ext=.png&size=3)
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Reparations for Drone Warfare: Compensating Victims of Extrajudicial Killings
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