Drones and Civilian Protection Drones and Civilian Protection under International under International Humanitarian Law Humanitarian Law

by by ELISAH MBIZAELISAH MBIZA

Research OutlineResearch Outline

I. IntroductionA. Definition of the problem

B. Research question

C. Hypotheses

D. Methodology

II. ResultsE. Fourth Geneva Convention [1949]

F. Drones – legal and ethical issues

III. Recommendations

IntroductionIntroduction

Drones are fast becoming weapons of choice in IAC and NIAC

Highly effective [precise], risk free spying and pinpointing targets Smaller than jet aircraft Less expensive, 30 times less Do not put pilots at risk when they crash Do not tire or get hungry Can stay over target for a long time Hit when the chance of success is high

Source: The Economist. 08.10.2011

IntroductionIntroduction However:

Experience has shown that drones are capable of causing enormous unintended deaths and casualties to civilians not participating in hostilities

Therefore:

This paper adopts a multi-disciplinary [behavioural psychology and IHL] approach to address the question whether current rules of war provide adequate protection to civilians in drone attacks

A. Problem DefinitionA. Problem Definition Estimates of non-combatants killed in drone strikes vary

from 10% to 98% of total fatalities (Mahadevan, 2010).

There is a risk that the usage of drones reduces war to entertainment or a ‘PlayStation mentality’

In this paper, we want to know whether distance between drone operator and the target can explain the high civilian deaths in drone attacks, and if so, put forward suggestions for IHL reform

B. Research QuestionB. Research Question

Because drone operators are based thousands of miles away from the battlefield, and undertake operations entirely through computer screens and remote audio-feed, there is a risk of developing a ‘PlayStation’ mentality to killing

Does the geographical and psychological distance

between the drone operator and the target

affect civilian protection in drone attacks?

.

C. HypothesesC. Hypotheses The use of unmanned aerial vehicles in IAC and NIAC is a new

phenomenon relative to the Fourth Geneva Convention (1949)

Killology theory posits that most humans, except sociopaths, deeply resist killing another human being [Grossman, 1995; Marshall, 1974]

Higher physical, emotional, moral and distance between the killer and the victim has also been found to overcome the resistance to killing.

Several studies have also found significant relationships between exposure to violent electronic games and the acceptance of norms condoning physical aggression

Therefore, it is hypothesized that;

Higher geographical and psychological distance between the drone operator and the target is negatively associated with civilian protection in

drone attacks. Dependent variable

Unit of analysis

Independent variable

D. MethodologyD. MethodologyDesk study

I. Killology The scholarly study of the

destructive act, focuses on the reactions of healthy people in killing circumstances (such as police and military in combat) and the factors that enable and restrain killing in these situations,  pioneered by Lt. Col. Dave Grossman

II.Geneva Conventions The Geneva Conventions and

their Additional Protocols are at the core of IHL, the body of international law that regulates the conduct of armed conflict and seeks to limit its effects.

E. ResultsE. Results

ResultsResults

Civilian protection under IHL IHL obliges the parties to an

armed conflict to distinguish, at all times, between the civilian population and combatants. It also provides that civilians may not be the object of deliberate attack.

Article 28 in the IVGC states: “the presence of a protected person may not be used to render certain areas immune from military operations”. This means that civilians cannot, with their presence, protect military installations, for example from military attack. They can not be used as human shields (article 28 IVGC). 

ResultsResults Numerous studies have confirmed significant relationships between exposure to violent electronic games and the acceptance of norms condoning physical aggression

THUS

the ‘PlayStation’ nature of drone operations and the enormous geographical and psychological distance between the drone operator and the target lowers the former’s threshold of resistance to killing

ResultsResults IHL has created a normative standard of civilian protection that not only

prohibits certain weapons and behaviours but also seeks to punish

perpetrators of individual or mass crimes

HOWEVER

serious doubts exist about the extent to which drone attacks comply with

the IHL core principles of distinction and humanity. Questions remain over

the interpretation of ‘direct participation in hostilities’, especially in NIAC.

Therefore, it can be concluded that the current IHL do not provide

adequate protection to civilians in drone attacks.

RecommendationsRecommendations Drone operations must be brought under the State’s regular

armed services

Training of drone operators in IHL must be mandatory

Use of drones in NIAC should be subject to UNSC authorization

Drone operations must be accompanied by on the ground intelligence