Loftier Standards for the CIA’s Remote-Control Killing

Statement to House Subcommittee on National Security & Foreign Affairs

William Mitchell Legal Studies Research Paper No. 2010-11

11 Pages Posted: 12 May 2010  

Afsheen John Radsan

William Mitchell College of Law

Abstract

International humanitarian law can be developed into specific regulations for the CIA’s targeted killing. Accordingly, the drone operator must be sure beyond a reasonable doubt that the trigger is being pulled on a functional enemy combatant. In addition, she must conclude that the requirements of military necessity and proportionality have been met. Afterward, the CIA’s Inspector General must review each CIA drone strike, including the agency’s compliance with a checklist of standards and procedures.

A program that establishes a very high certainty for targeting as well as a hard-look after each strike will be fair and reasonable whether the people in the cross-hairs are Americans or citizens from other countries. In the language of IHL, these are feasible precautions for the remote-control weapons of the new century.

Keywords: CIA, targeted killing, drones, international humanitarian law, national security, House Subcommittee on National Security & Foreign Affairs, warfare, al Qaeda, Taliban

Suggested Citation

Radsan, Afsheen John, Loftier Standards for the CIA’s Remote-Control Killing. Statement to House Subcommittee on National Security & Foreign Affairs; William Mitchell Legal Studies Research Paper No. 2010-11. Available at SSRN: https://ssrn.com/abstract=1604745

Afsheen John Radsan (Contact Author)

William Mitchell College of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

Paper statistics

Downloads
332
Rank
72,465
Abstract Views
1,652