The Use of Drone Strikes and the Legality of Targeted Killings under International Law

Abstract

Background: The growing use of armed drones has brought about significant transformation in present-day warfare by facilitating states to carry out long-distance surveillance and targeted killings beyond traditional warfare. Although drones are generally used as instruments that can accurately perform counterterrorism activities for national security, their utilisation creates key questions regarding the ban on the use of force, sovereignty of the state, protection of civilians, and accountability. This article performs a critical examination of the legality of drone strikes under international law by focusing mainly on the US operations in Pakistan and Yemen and the growing use of artificial intelligence in military targeting. Methods: A doctrinal legal research methodology is being used based on international treaties, judicial decisions, state practises and scholarly literature. Results: The analysis shows that prevailing international legal rules offer a significant framework for managing drone warfare, but their successful use is undermined by confusion regarding self-defence, imminence and the status of non-state actors, along with jurisdictional and enforcement issues. Civilian casualties and limited transparency further create compliance issues regarding the use of drones. AI-based targeting creates further transparency challenges because algorithmic systems may undermine responsibility for illegal outcomes. Conclusion: Drones are not inherently illegal but their legality relies on the prevailing circumstances and the ways they are used. Clarity over legal standards, stronger accountability, effective investigations and effective human control are therefore needed.