Operationalizing Use of Drones Against Non-State Terrorists Under the International Law of Self-Defense

38 Pages Posted: 28 Jun 2014 Last revised: 4 Aug 2015

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: June 18, 2014

Abstract

This draft article addresses the permissibility of self-defense targetings in a foreign state under international law, the operationalizing of who and what can be targeted, operationalizing the choice of when and how to target, and future choice regarding types of drones that can be used for self-defense targetings. Criteria for operationalizing contextually-aware and nuanced choice are identified. Also identified is the difference between self-defense and law enforcement in a foreign state.

Keywords: al Qaeda, Article 51, attribution, AUMF, autonomous, Caroline, CCF, civilian object, collective self-defense, consent, Constitution, distinction, DPAA, DPH, drone, indiscriminate, law enforcement, law of war, operationalizing, posse comitatus, proportionality, targeting, terrorist, unwilling

Suggested Citation

Paust, Jordan J., Operationalizing Use of Drones Against Non-State Terrorists Under the International Law of Self-Defense (June 18, 2014). 8 Albany Government Law Review 166-203 (2015); U of Houston Law Center No. 2014-A-67. Available at SSRN: https://ssrn.com/abstract=2459649

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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