Abstract

http://ssrn.com/abstract=2399626
 


 



Drones: The Power to Kill


Alberto Gonzales


Belmont University - College of Law

2013

George Washington Law Review, Vol. 82, No. 1, 2013
Belmont University College of Law Research Paper No. 2014-03

Abstract:     
After the terrorist attacks on September 11th, 2001, the Bush Administration began the use of unmanned armed aerial drones to pursue targets in Afghanistan and Pakistan. The Obama Administration has continued this policy, expanding it to pursue substantially more targets in Yemen and new ones in Pakistan. This Article analyzes the Obama Administration’s procedures for placing American citizens on the list of targets for drone strikes and proposes additional measures that Congress and the President can take to ensure that the procedures comply with constitutional guarantees of due process. This Article uses Supreme Court precedents on enemy combatant designations and trials as a source of due process standards. It argues for the following steps: (1) the establishment of an “enemy combatant” definition specific to drone targets; (2) a requirement that the President notify Congress of any potential U.S. citizen target and of any executed strike; (3) verification, immediately before the strike, that the American target continues to meet the definition of enemy combatant; and (4) the opportunity for an advocate of the target to challenge the classification before a neutral decisionmaker.

Number of Pages in PDF File: 60

Accepted Paper Series


Download This Paper

Date posted: February 23, 2014 ; Last revised: July 17, 2014

Suggested Citation

Gonzales, Alberto, Drones: The Power to Kill (2013). George Washington Law Review, Vol. 82, No. 1, 2013; Belmont University College of Law Research Paper No. 2014-03. Available at SSRN: http://ssrn.com/abstract=2399626

Contact Information

Alberto Gonzales (Contact Author)
Belmont University - College of Law ( email )
1900 Belmont Boulevard
Nashville, TN 37212
United States

Feedback to SSRN


Paper statistics
Abstract Views: 257
Downloads: 59
Download Rank: 214,202

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.359 seconds