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Gaggioli, Gloria --- "Remoteness and human rights law" [2017] ELECD 1274; in Ohlin, David Jens (ed), "Research Handbook on Remote Warfare" (Edward Elgar Publishing, 2017) 133

Book Title: Research Handbook on Remote Warfare

Editor(s): Ohlin, David Jens

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784716981

Section: Chapter 5

Section Title: Remoteness and human rights law

Author(s): Gaggioli, Gloria

Number of pages: 53

Abstract/Description:

The legality of remote weapons systems, such as drones and autonomous weapons, is usually discussed through the lens of international humanitarian law (IHL), also called the law of armed conflicts. The ability of such remote weapons systems to respect the conduct of hostilities principles of distinction, proportionality and precautions as well as the risk that the use of remote warfare might lead to a global battlefield have been the subject of much legal debate. A less thoroughly discussed topic is whether human rights law (HRL) is relevant and may limit the use of force by drones or autonomous weapons. In that context, two broad sets of questions arise. The first set of questions relates to HRL as a complement to IHL in regulating remote warfare. In this context, the key questions are: Does HRL bring something to the table when discussing remote warfare? Even assuming IHL constitutes the ‘lex specialis’ regarding the conduct of hostilities, are there human rights obligations that persist in armed conflicts and that may be considered as complementary? For instance, to what extent should the human rights concepts of accountability, transparency, or even dignity be taken into account when considering the use of force through remote weapons systems? Do these concepts have a proper legal role to play in such situations? Are these notions relevant as mere policy considerations in warfare? May the increasing reference to those human rights concepts ultimately influence warfare even beyond the use of drones or autonomous weapons?