United Nations Security Council Topic B: Regulation of Military Drones in Terms of Monitoring and Construction Anandita Puri Hannah

Jones Michael Ruhl 01/11/2012

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Regulation of Military Drones in Terms of Monitoring and Construction

Introduction Unmanned aerial vehicles (UAVs), more commonly referred to as drones, are transforming the way war is conducted. These remotely piloted devices are used to gather surveillance material abroad or to conduct targeted air strikes. Be it for intelligence purposes or assassinations abroad, there has been a rapid increase in the use of UAVs, mostly because there is an acute lack of clear international regulation with regard to such unmanned vehicles. The New York Times reported in October 2011: The Pentagon now has some 7,000 aerial drones, compared with fewer than 50 a decade ago, and has asked Congress for nearly $5 billion for drones in 2012. 1 While drones have become one of the primary means of combating international terrorism and conducting targeted strikes, such as during the campaigns against Muammar el-Qaddafi, there is uncertainty within the international community as to the regulations under which such operations fall. While conducting a targeted attack during a time of war through a UAV may fall under international laws of war, counterterrorism measures exceed such categorization. Both state and non-state actors have expressed concern over the fact that drone strikes appear to occupy some middle ground between a clearly defined state of war, a state of armed conflict or neither. It is thus unclear who is legally responsible for drone strikes and in how far the operator of such vehicles takes responsibility in possible war crime cases. There is a political, legal and philosophical question

"Unmanned Aerial Vehicle (UAV) - Predator Drone - News - The New York Times." Times Topics - The New York Times. 21 Oct. 2011. Web. <http://topics.nytimes.com/top/reference/timestopics/subjects/u/unmanned_aerial_vehicles/index.html>.

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at the core of the issue: doe the use of drones constitute war? The reported assassination of US citizen Anwar al-Awlaki, a terrorist suspect residing in Yemen at the time, raised such concerns, including the sovereignty of Yemen. 2 It is thus a matter of international peace and security to come to terms with the role of UAVs in both military and non-military contexts, for both state and non-state actors. It shall be the responsibility of the Security Council to verify the legality of surveillance operations and aerial strikes for both state and non-state actors. Furthermore, the council shall examine the expansion of a rapidly growing market for drones and determine what actions, if any, are to be taken with regard to concrete regulations. Background and Current Situation: The development of drone technology has advanced rapidly in the last decade without much in the way of international regulations to hold it back. While some governments have come out publicly against the use of UAVs, others, such as the U.S., have avoided the conversation. Even the U.N. Secretary General Ban Ki-moon said at the end of 2011 when asked about his views on drones, I don't have much to say about all this, what kind of means the member states use. This is something which national governments, military authorities, they may decide. Rupert Colville, the spokesman for Navi Pillay, Bans human rights chief, explained the difficulty in regulating drones on the international level. When used in the course of an armed conflict the use of armed drones must respect all norms of International Humanitarian Law -- in other words the same norms applicable to any other weapon.... When used outside the context of an armed conflict, a number of rules and
2

Savage, Charlie. "Secret U.S. Memo Made Legal Case to Kill a Citizen." New York Times - Middle East. New York Times, 8 Oct. 2011. Web.

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principles of general international human rights law would become relevant, and each situation would have to be assessed on the basis of its own particular set of facts -- which makes it a bit difficult to generalize. White house counter-terrorism official John Brennan believes that adding flexibility to the legality of targeted killings might be useful given the complexity of the matter. Human Rights Watch has suggested steps Obama could take, such as clarification of the legality of drone usage, transferring control of the U.S. program from the CIA to the military, and adding more transparency to the U.S. drone program. Though such calls for transparency, proposals for the creation of new international law, and general protests surround the conversation on international drone usage, steps towards actual regulation have largely yet to be taken. 3

Construction of Drones: The construction of UAVs involves technology and materials that are relatively conventional and accessible. In fact, the technological systems that make UAVs so precise and lethal are commercially available and used on small UAVS constructed throughout the world. There is no monopoly on UAV technology. Thus, non-state and state actors alike have fairly ready access to the supplies to construct armed UAVs and, without regulations on UAV construction, the barriers to construction beyond the implicit costs are not huge. 4 In the U.S., the government has put a lot of effort into developing the technology for, constructing, and testing advanced UAVs. U.S. drones are engineered and tested on air force bases,

Colum Lynch, Why has the U.N. been so silent about the U.S. drone program? Foreign Policy, 3 January 2012. Stuart S. Yeh, A Failure of Imagination: Unmanned Aerial Vehicles and International Security, Comparative Strategy, (2011): 229-241.
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such as Wright-Paterson Air Force Base where drone engineers work to construct increasingly smaller and more advanced drones. The U.S. drone project is massive and expensive, leading the Pentagon to request $5 billion to fund drone construction in 2012. 5 As the technology develops, drones have become more accurate and more lethal. New drones, such as the MQ-9 Reaper built by General Atomics Aeronautical, a leading drone producer, are more powerful than the commonlyused Predator drone. 6 There have been various reported technological glitches and construction problems in UAVs. U.S. government computer programs controlling drones flying in Afghanistan and Iraq became infected by a computer virus in 2011. This virus had the ability to track every keystroke made on computers controlling the drones, making confidential and sensitive surveillance information available. 7 Pentagon reports reveal that there are also unresolved design and system glitches in UAVs that still fly on missions nonetheless. These problems include software and coordination failures, as well as pilot mistakes. U.S. officials report such accidents and UAV crashes at a decreasing rate as technology develops and, given the remote nature of UAVs, these crashes have not caused any deaths, though each crash does cost several million dollars. 8 Regulating Drones: First and foremost, with regards to actual drone regulation, there is concern as to whether or not drone strikes are in compliance with international law. To answer this question, requires an
Elisabeth Bumiller and Thom Shanker, War Evolves With Drones, Some Tiny as Bugs The New York Times, 19 June 2011. 6 Brian Glyn Williams, The CIAs Covert Predator Drone War in Pakistan, Studies in Conflict & Terrorism, (2010): 871892. 7 Chris Lawrence, Virus infects program that controls U.S. drones, CNN, 11 October 2011 < http://edition.cnn.com/2011/10/10/us/drone-programvirus/index.html?iref=allsearch>. 8 David Zucchino, War zone drone crashes add up, The Los Angeles Times, 6 July 2010.
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examination of International Humanitarian Law, the right of armed conflict, and the right to selfdefense. 9 Under the Charter of the United Nations and the doctrine of self-defense, drone strikes outside of an armed conflict are potentially legal as entities such as terrorists pose a direct threat to the drone-using nations, even if the terrorist are abroad. This view would allow for armed strikes even within sovereign countries though it may present a slippery-slope argument considering the broad scope of how it would apply. Furthermore, there would be room to argue as to how far the right to self-defense extends. While according to customary international law the prevention of an imminent terrorist attack falls within the accepted definition of self-defense, what is to say that a terrorist suspect would not fall into this category? There is much room for debate as to how the selfdefense doctrine applies to drone targeting. On the other hand, the argument could be made that drones respect international law in that a drone strike, by definition, amounts to a state of armed conflict. However, while international humanitarian law determines how aerial strikes are used, drones are a new category in and of themselves. With ever new forms of unmanned aerial systems being developed it is difficult to propose an internationally accepted definition of what constitutes a UAV. On the other hand, it is perhaps even more challenging to introduce comprehensive regulations on drones without prior establishment of how drones are to be treated with regards to international conventions on armed conflict. As William C. Banks, director of the Institute for National Security and Counterterrorism at Syracuse University noted, contemporary laws have not kept up with changes in the dynamics of

See Charter of the United Nations Chapter VII, Article 51

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military conflicts. Nowhere is the weakness of the legal regime more glaring than in its treatment of targeted killing. 10 A further point of concern is that drone strikes may not only be carried out by army personnel. If the CIA, for instance, remotely controls a drone; this is done by a civilian who is not in army uniform. Legally, this raises concerns that the right to armed conflict is not met whereas the right to self-defense is itself questionable. Furthermore, it is important to note that there is need to distinguish between the actions of a state and those of an individual. While there are weapons regulations in other areas, there are few regulations that would hinder a non-state actor from building a drone, especially if it is only to be used for surveillance purposes. Ultimately, there is also the need for consideration whether or not drone strikes are in violation of basic human rights. The Security Council should note that the United Nations Human Rights Council has expressed concern for the undermining of global constraints on the use of military force. 11 Human rights activists claim that the Paystation like mentality of operating drones causes operators to be less cautious in their behavior. Military reports indicate that civilian casualties have been caused by faulty targeting. Thus, there is much at stake for the international community with regard to unmanned aerial vehicles.

"Are drone strikes in Pakistan legal?" CQ Researcher 6 Aug. 2010: 669. Academic OneFile. Web. "Unmanned Aerial Vehicle (UAV) - Predator Drone - News - The New York Times." Times Topics - The New York Times. 21 Oct. 2011. Web. <http://topics.nytimes.com/top/reference/timestopics/subjects/u/unmanned_aerial_vehicles/index.html>.
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Bloc Positions: Much of the current conversation surrounding the use of UAVs has focused on the U.S.s somewhat secretive drone program. The U.S. participates in the Missile Technology Control Regime and thus the drone export industry is less important than in a state such as Israel, though not nonexistent. More importantly, military officials in the U.S. have come to rely on drones in the last decade, growing the U.S. military drone arsenal from 50 drones a decade ago to over 7,000 today. UAVs have been an integral part of recent U.S. successes, including the successful CIA assassination of Osama bin Laden in Pakistan in 2011, the killing of the American-born Al Qaeda propagandist Anwar al-Awlaki, and other top Al Qaeda officials. 12 The use of drones is also appealing to the U.S. military due to shrinking budgets that make sustaining armies on the ground very expensive. Drone warfare has proven more cost-effective for the U.S. military and additionally, has diminished the risk to soldiers lives, unintended civilian deaths, and potential creation of refugees. 13 Last year, Defense Secretary Leon Panetta publicly argued that the U.S.s use of UAVs abided by international law. 14 Israel has an interest in the protection of the drone industry due to the significant number of Israeli UAV exports as well as the countrys own military use of drones. Israel became a pioneer in the military technology industry by beginning to develop drones in 1975. 15 Since then, it has continued to maintain an important role in this field, especially because it has never participated in the Missile Technology Control Regime, which can restrict the ability of a state to export certain
12 Predator Drones and Unmanned Aerial Vehicles (UAVs), The New York Times, last updated October 21, 2011 (http://topics.nytimes.com/top/reference/timestopics/subjects/u/unmanned_aerial_vehicles/index.html). 13 Scott Shane and Thom Shanker, Strike Reflect U.S. Shift to Drones in Terror Fight, The New York Times, October 1, 2011 (http://www.nytimes.com/2011/10/02/world/awlaki-strike-shows-us-shift-to-drones-in-terrorfight.html?_r=1&ref=unmannedaerialvehicles). 14Brianna Lee, 5 Things You Need to Know About Drones, PBS, December 15, 2011 (http://www.pbs.org/wnet/need-to-know/five-things/drones/12659/). 15 Richard Quest, Israel a hib for high-tech advances, CNN, June 15, 2006 (http://edition.cnn.com/2006/TRAVEL/06/15/biztrav.israel.technology/index.html?iref=allsearch).

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military technology, including drones. In recent years Israel has provided its UAVs to many countries, including Turkey, the UK, France, Brazil, and Germany. 16 This state has also been known to use drones itself, especially for surveillance purposes on its Egyptian border, for military attack on the Gaza Strip, and, in coordination with the U.S., for surveillance in Iraqi airspace. 17 In all, Israel has a vested interest in a lack of restrictions on the drone market and on the ability of a state to freely use drones both domestically and internationally. 18 Several nations of the European Union have used unmanned combat air vehicles (UCAVs) with limited weapons capabilities for decades. UAVs have been used by the EU successfully in combat situations in Iraq, Afghanistan, and Kosovo, and have also been used in armed peacekeeping and limited peace-enforcement operations. Today most EU nations have UAVs or are in the process of acquiring them, with much of the demand being met by imported US and Israeli systems. In light of the continuity of isolated conflict situations and a burgeoning global market for UAV technology, the EU can be expected to play a significant role in future debate. Irans drone program has grown quickly in recent years. Although the nation has been producing its own unmanned surveillance aircraft since the 1980s, it has recently begun to take a more offensive approach. In late 2010 President Mahmoud Ahmadinejad unveiled the countrys first high-strike capability UAV, calling it an ambassador of death to the enemies of Iran. Capable of carrying four mid-range cruise missiles, the weapons system represents a major step in the nations weapons program, and has drawn harsh criticism from Israel and the United States. As Iran

16 Jeremy Lemer, US urged to rethink export controls on drones, The Financial Times, June 21, 2011 (http://www.ft.com/cms/s/0/41ab89d0-9c21-11e0-acbc-00144feabdc0.html#axzz1j7eTSfMo). 17 Ivan Watson and Yesim Comert, Turkish army using Israeli-built drones, CNN, June 21, 2010 (http://edition.cnn.com/2010/WORLD/europe/06/21/turkey.israeli.surveillance/index.html?iref=allsearch).

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continues to bolster its weapons program it has received technological support from its long time allies Russia and China. It remains to be seen how members of the EU and NATO, who have historically been critical of Irans militaristic ambitions, will respond to this situation. During the Cold War, UAVs were an effective tool used by the Soviet Union for monitoring and surveillance over great distances. Later, China used technology acquired from downed U.S. drones over Vietnam to develop its first reconnaissance UAV by 1981. While both nations have continued to explore UAV and UCAV technology, China has surged ahead of its neighbor and now has a thriving UAV industry of its own. By contrast, Russia has relied in recent years on borrowed and bought technology from Israel. Both nations, major technological and industrial hegemons, will actively seek to ensure that their respective UAV programs are able to continue to function uninhibited. Questions to Consider: The following questions may be considered guidelines for discussion; however, this list is far from exhaustive. Delegates are advised to consider questions specific to their country and should widen the breadth and depth of their research.

1. What is your countrys stance with regard to drone surveillance and air strikes? (There may be a difference between surveillance and armed strikes.) 2. Should your country have used drones in the past, how so and to what effect? 3. Are there any current domestic regulations that would or should apply internationally? 4. Have there been abuses of the current, widely unregulated situation? 5. Is there a threat of escalating conflict through drone use?

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6. What are the arms control regulations with regard to UAVs? 7. What is at stake if drones are (un)regulated? 8. It may be helpful to consider not only if drones are legal, but if they are effective and an ethical tool in terms of human rights.

Recommended Sources: The following is not a list of specific sources, but rather of where material on UAVs could be found. Governmental intelligence websites (e.g. CIA for US operations) Governmental reports E.g.: Report on Drones requested by the European Parliament http://www.europarl.europa.eu/committees/en/studiesdownload.html?languageDo cument=EN&file=19483 The UN website, including: press releases, resolutions, official statements, etc. E.g.: Human Rights Council Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.24.A dd6.pdf News coverage on controversial drone issues For instance: New York Times series on drone strikes and controversy Academic Journals (libraries may offer access to academic databases, e.g. Academic one File) For further examples, please see bibliography Legal Journals, proceedings, case studies, etc.

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Bibliography: "Are drone strikes in Pakistan legal?" CQ Researcher 6 Aug. 2010: 669. Academic OneFile. Web. Brian Glyn Williams, The CIAs Covert Predator Drone War in Pakistan, Studies in Conflict & Terrorism, (2010): 871-892. Brianna Lee, 5 Things You Need to Know About Drones, PBS, December 15, 2011 (http://www.pbs.org/wnet/need-to-know/five-things/drones/12659/). Charter of the United Nations, Chapter VII, Article 51 Chris Lawrence, Virus infects program that controls U.S. drones, CNN, 11 October 2011 < http://edition.cnn.com/2011/10/10/us/drone-programvirus/index.html?iref=allsearch>. David Zucchino, War zone drone crashes add up, The Los Angeles Times, 6 July 2010. Colum Lynch, Why has the U.N. been so silent about the U.S. drone program? Foreign Policy, 3 January 2012. Elisabeth Bumiller and Thom Shanker, War Evolves With Drones, Some Tiny as Bugs The New York Times, 19 June 2011. Ivan Watson and Yesim Comert, Turkish army using Israeli-built drones, CNN, June 21, 2010 (http://edition.cnn.com/2010/WORLD/europe/06/21/turkey.israeli.surveillance/index.html?iref= allsearch). Jeremy Lemer, US urged to rethink export controls on drones, The Financial Times, June 21, 2011 (http://www.ft.com/cms/s/0/41ab89d0-9c21-11e0-acbc-00144feabdc0.html#axzz1j7eTSfMo). Richard Quest, Israel a hib for high-tech advances, CNN, June 15, 2006 (http://edition.cnn.com/2006/TRAVEL/06/15/biztrav.israel.technology/index.html?iref=allsearc h). Savage, Charlie. "Secret U.S. Memo Made Legal Case to Kill a Citizen." New York Times - Middle East. New York Times, 8 Oct. 2011. Web. Scott Shane and Thom Shanker, Strike Reflect U.S. Shift to Drones in Terror Fight, The New York Times, October 1, 2011 (http://www.nytimes.com/2011/10/02/world/awlaki-strike-shows-us-shiftto-drones-in-terror-fight.html?_r=1&ref=unmannedaerialvehicles). Stuart S. Yeh, A Failure of Imagination: Unmanned Aerial Vehicles and International Security, Comparative Strategy, (2011): 229-241. "Unmanned Aerial Vehicle (UAV) - Predator Drone - News - The New York Times." Times Topics The New York Times. 21 Oct. 2011. Web.

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<http://topics.nytimes.com/top/reference/timestopics/subjects/u/unmanned_aerial_vehicles/ind ex.html>.

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