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Legitimacy and Drones
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Legitimacy and Drones

Investigating the Legality, Morality and Efficacy of UCAVs

Legitimacy and Drones

Investigating the Legality, Morality and Efficacy of UCAVs

BySteven J. Barela
Edition 1st Edition
First Published 2015
eBook Published 9 March 2016
Pub. location London
Imprint Routledge
DOIhttps://doi.org/10.4324/9781315592152
Pages 432 pages
eBook ISBN 9781315592152
SubjectsLaw, Politics & International Relations
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Barela, S. (2015). Legitimacy and Drones. London: Routledge, https://doi.org/10.4324/9781315592152

Unmanned combat air vehicles, or in common parlance 'drones', have become a prominent instrument in US efforts to counter an objective (and subjective) cross-border terrorist threat with lethal force. As a result, critical questions abound on the legitimacy of their use. In a series of multidisciplinary essays by scholars with an extensive knowledge of international norms, this book explores the question of legitimacy through the conceptual lenses of legality, morality and efficacy, it then closes with the consideration of a policy proposal aimed at incorporating all three indispensable elements.

The importance of this inquiry cannot be overstated. Non-state actors fully understand that attacking the much more powerful state requires moving the conflict away from the traditional battlefield where they are at an enormous disadvantage. Those engaging in terrorism seek to goad the ruling government into an overreaction, or abuse of power, to trigger a destabilization via an erosion of its legitimacy. Thus defending the target of legitimacy”in this case, insuring the use of deadly force is constrained by valid limiting principles”represents an essential strategic interest.

This book seeks to come to grips with the new reality of drone warfare by exploring if it can be used to preserve, rather than eat away at, legitimacy. After an extensive analysis of the three key parameters in twelve chapters, the practical proposition of establishing a 'Drone Court' is put forward and examined as a way of pursuing the goal of integrating these essential components to defend the citizenry and the legitimacy of the government at the same time.

TABLE OF CONTENTS
chapter |22 pages
Introduction: Legitimacy as a Target
BySteven J. Barela
View abstract
part |2 pages
Section I Through the Lens of Legality —Formal Validity
chapter 1|24 pages
Jus ad Bellum: Crossing Borders to Wage War against Individuals
ByChristian J. Tams, James G. Devaney
View abstract
chapter 2|22 pages
Who Can Be Killed?: Legal Targets in Non-International Armed Conflicts
View abstract
chapter 3|20 pages
Boundaries of the Battlefield: The Geographical Scope of the Laws of War
View abstract
chapter 4|26 pages
Lethal Force and Drones: The Human Rights Question
ByGloria Gaggioli
View abstract
part |2 pages
Section II Through the Lens of Morality —Axiological Validity
chapter 5|20 pages
Old Ideas in New Skins: The Sixteenth Century Debate on Artillery
View abstract
chapter 6|24 pages
The Question of “Imminence”: A Historical View on Anticipatory Attacks
View abstract
chapter 7|28 pages
Correcting the Record: Civilians, Proportionality, and the Jus ad Vim
View abstract
chapter 8|24 pages
From Just War to Clean War: The Impact of Modern Technology on Military Ethics
View abstract
part |2 pages
Section III Through the Lens of Efficacy —Empirical Validity
chapter 9|26 pages
Data on Leadership Targeting and Potential Impacts for Communal Support
View abstract
chapter 10|28 pages
Tactical Efficacy: “Notorious” UCAVs and Lawfare
ByMarek Madej
View abstract
chapter 11|28 pages
Strategic Efficacy: The Opinion of Security and a Dearth of Data
BySteven J. Barela
View abstract
chapter 12|22 pages
Systemic Efficacy: “Potentially Shattering Consequences for International Law”
View abstract
part |2 pages
Section IV Creating a Drone Court —Integration via a Policy Proposal
chapter 13|36 pages
Establishment of a Drone Court: A Necessary Restraint on Executive Power
View abstract
chapter 14|24 pages
Can UCAVs be Reconciled with Liberal Governance?: The Substantive Law of a Drone Court
View abstract
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