Introduction:

The memo address following questions, the issue of legality and effectives of the drone in as
counterterrorism tool.
With the analysis done, the inference deduced is that total opposition is not called for.
However, the recommendation for amendment of the process of the operation is required.
Background:
Form of the weaponry employed : Predator by U.S a medium altered endurance platforms
with two of munition air to ground missile and guided bomb unit
Legality of operation upon the basis of the:
International law governing extraterritorial use of force
The use of the nations territory to carry out the operation of force with the consent of the
host nation purges any of its claim to violation of national sovereignty.
Right to Self-defence:
According, to International court of Justice, the use of force in right to self-defence is only
called for under two circumstances
If the action of potential target i.e. non-state armed group, is imputable to the host
sate definition is extends to host state harboured non-sate armed groups
Imminence:
The article 51 of the charter of the united nation favour the right to self-defence, where the
attack is imminent.
International Human Rights law and Humanitarian law:
A) International human rights law prohibits the arbitrary, unless the killing is strictly
necessary and proportionate

A) Geographical Scope of non-international Armed conflict :

The United States considers itself in the non-international armed conflict with Al-Qaida
substantiated by the Supreme Court judgement Hamdan vs Rumsfled .Which depends
upon the intensity and protraction of the conflict
B) Organisation:
To amount the non-international armed conflict, one of the party has to be organised
group.
C) Intensity of hostilities: The intensity of the hostilities have to be considered before
engaging in the conflict.
D) Targeting rules: In order to target the armed group and its member the criteria of
continuous combat role should be sufficed.
Analysis:
There is steady rise in the use of the predator from 294in 2011 to 447 in 2012 statistics by
UNAMA, the disaggregated data released by the UNAMA reported 16 casualties and 5
injuries in year. However, the causalities reported further are showing a decreasing trend.

However, MFA of Pakistan reported 2,200 causalities and 600 injuries, which calls for much
better recording and observation
The analysis on the International law governing extraterritorial use of force from the
evidence cited by the United Nations report A/68/389 shows that the United States routinely
seeks prior consent from the government of Yemen and as in with regards to Pakistan the
evidence suggests from June 2004 to June 2008 the drone strikes in federally administered
areas were conducted consent of the local authority.
The right to self defence is justified by the United States as following:
According to the security council resolution 1368 (2001) and 1373(2001)which were
adapted after the 9/11.Borrowing from the law of neutrality ,delegates potential right to
the nation if it finds reasonable substantial evidence that connotes to the futility of the
host state to control the action of the non-sated armed group
The precise threshold to determine imminence mentioned in the article 51 is disputed and call
for more thought and consensus
There is no consensus on the definition of arbitrary killing International Human Rights law
and Humanitarian law and requires agreement by applying proper targeting rules
The ICRC( The international committee of red cross ) has noted lack of consensus upon the
geographical scope of non- international conflict and goes on to assert that international
humanitarian law does not allow the targeting of the person who are located in nonbelligerent states and are involved directly in the hostilities to prevent the disturbance of
world order and requires case by case observation.
The serious questions have been raised upon the definition of organisation with argument that
Al-Qaida no longer suffice the definition of the organisation and more objectivity has been
sought in the definitions of the associated forces and co-belligerent which refers to fighting
alongside the Al-Qaida and engage in hostilities against the U.S.A.
Moreover, the argument is made that intensity of hostility criteria is no longer met and
targeting rules needs more chary observation the ICRC takes a view that members of targets
group may be targeted if and only if they engage in the continuous combatant role

The following deductions are reached after analysis of the results obtained hitherto, from the
operations conducted
Conclusion:
A) If used in the strict compliance with the principles of international humanitarian law,
the drones are capable of reducing the risk of civilian causalities in armed conflict by
significantly increasing the situational awareness of the army commanders.
B) Having said that , there imperative need in the bringing the change in the approach of
inquires held to assess natures and numbers the causalities Seeks More objectivity and
responsibility from the government of the country while conducting an inquiry
C) The agreement on ambiguous rules is called for. This would limit the unfair usage of
the technology by the other states indulges in the joint counter-terrorism operation
conducted by international forces in the tribal belt of Pakistan , Yemen and Somalia

D) More declassification of the documents relating to the operation conducted is

required. It would set better precedence .Would bring more accountability and clarity
and would call for chary analysis before any initiation.