Civilian Intelligence Agencies and the Use of Armed Drones

Abstract

The fact that civilian intelligence agencies may be authorised under their own domestic law to conduct lethal strikes is generally well known. What has generally received little discussion are the international law issues surrounding such acts. However, the reported—but not confirmed—use by the United States Central Intelligence Agency of armed drones to conduct attacks in Yemen and Pakistan has prompted vigorous legal debate. This chapter provides an in-depth discussion of the international law concerning the resort to the use of force by States, and the regulation of that use of force, in complex factual situations like the border region between Pakistan and Afghanistan. Particular emphasis is given to discussing how the law concerning the regulation of the use of force applies to civilian intelligence agencies.

Drones have been credited with eliminating senior leaders of the Taliban and other insurgent groups, and accounts of the recent addition of an American citizen to the target list have received widespread attention. These reports have raised serious questions about whether targeted killing and drone use comport with the relevant international and domestic laws. Tierney J, Chairman, Subcommittee on National Security and Foreign Affairs, Opening Statement, Hearing on ‘Rise of the Drones II: Examining the Legality of Unmanned Targeting’, Committee on Oversight and Government Reform, US House of Representatives (2010), http://oversight.house.gov/index.php?option=com_content&task=view&id=4903&Itemid=30.

Wing Commander. This paper was written in a personal capacity and does not necessarily represent the views of the Australian Department of Defence or the Australian Defence Force.