Drones and the Law: International Responses to Rapid Drone Proliferation presents innovative solutions to the controversial issues raised by the drones and a critical assessment of its growing use as a weapon system in modern warfare and privacy issues. There have been a number of technologies introduced that have changed the world over the past several centuries, often in ways that nobody expected. Unmanned aerial vehicles, commonly known as drones, are one such technology. Born from hobbyists’ remote controlled model airplanes, drones have now come to be ubiquitous around the world. They are in use in multifarious ways, from military use as weapons platforms and surveillance devices on the battlefield to civilian uses to deliver packages and provide communications capabilities in rural areas. The use that has attracted the most attention from policymakers, senior military officers, and the general public is for targeted killing, what many refer to as assassination. This latter use, primarily by the United States in the past two decades, has led to a worldwide conversation among scholars about the best ways in which to regulate military drone usage. These discussions have been chaotic and often confrontational. Attempts to actually regulate military use of drones, such as those by the Talinn group, have unfortunately reflected these widespread disagreements and have been unsuccessful. Dr. Vivek Sehrawat has provided a brilliant analysis of the issues surrounding military use of drones from historical, cultural, and legal viewpoints. His book will serve both beginners to this area as well as those who have studied these problems equally well. It makes a great contribution to an important debate and will provide new insights and guidance to those policy makers who must ultimately find ways to control this new and potentially dangerous technology.
Author(s): Vivek Seharwat
Edition: 1
Publisher: Emerald Publishing
Year: 2021
Language: English
Commentary: TruePDF
Pages: 169
Tags: Sociology: Sociology Of Crime & law: Legal institutions; Drone Aircraft: Law And Legislation; Privacy, Right O.; Public International Law
Cover
Drones and the Law
Drones and the Law: International Responses to Rapid Drone Proliferation
Copyright
Table of Contents
About the Author
Foreword
Acknowledgments
Introduction
1. Historical Introduction and Technology Used in Drones
1. Introduction
2. Drones
2.1 What Exactly Is a Drone?
2.2 Origin of Term Drone
3. Historical Background
3.1 Inventor of Drone: Abraham Karem and Evolution of the Predator Drone
4. Types of Drones
5. Technology Used in Drones
5.1 Technology Used in Surveillance Drones
5.1.1 Rotors
5.1.2 Optically Enhanced Imaging
5.1.3 Synoptic Viewing
5.1.4 Listening-in Capability
5.1.5 Sense-Through-The-Walls—Imaging Radar
5.1.6 Multi-sensor Data-fusion
5.1.7 Facial Recognition Software
5.2 Technology Used in Armed Drones
Drone Control System Technology
6. Technological Advantages of Drones
7. Technological Constraints
8. Conclusion
2. Legality of Drones under LOAC and International Law
1. Introduction
2. The Law of Armed Conflict
2.1. What Is the Law of Armed Conflict?
2.1.1 General Principles of the LOAC
2.1.1.1 Distinction
2.1.1.2 Proportionality
2.1.1.3 Unnecessary Suffering
2.1.1.4 Military Necessity
2.2 Drones as Lawful Weapons
2.3 Lawful Use of Drones under the LOAC
2.3.1 Distinction
2.3.2 Proportionality
2.3.3 Taking Precautions
2.4 Just War Theory
2.4.1 Jus Ad Bellum
2.4.2 Jus in Bello
3. Self-defense Theory
4. Geographical Location of Drone Strikes and LOAC
5. Command Responsibility during Drone Operations
6. Conclusion
3. Legal Justifications for the Drone Targeted Killing
1. Introduction
2. Historical Legal Background
2.1 Pre-World War II
Admiral Isoroku Yamamoto Was Shot Down during World War II
2.2 Post-World War II
3. Factors behind Targeted Killing
4. Definitions
4.1 Targeted Killing
4.2 Assassination
5. Who Can Be Targeted under IHL?
6. Justifications for Drone Targeted Killing in Modern Times
6.1 Operational Justifications
6.1.1 Intelligence
6.1.1.1 Ground Intelligence
6.1.1.2 Electronic Intelligence
6.1.1.3 Drone
6.1.2 Signature Strikes
6.1.3 Consideration of Military Necessity
6.2 Self-defense Justifications
6.2.1 Self-defense Theory
6.2.2 AUMF
6.2.3 United Nation Charter
6.3 Moral Justification for Targeted Killing
6.3.1 Is There Armed Conflict?
6.3.2 Moral Hazard
6.3.3 Human Rights and IHL
6.4 Justification for the Targeted Killing of US Citizen
7. Conclusion
4. Point Forward to Drone Proliferation
1. Introduction
2. Definitions
3. Military Drone Use in Disputed Borders and Applicable Law
3.1 Use of Military Drone in Disputed Territory and Crisis
3.2 Escalation of War
Cheap Drones and Conflict Escalation
3.3 Civilian Drones Use in Disputed Territories
4. Violent Non-state Actors’ Drone Use: A Legitimate Concern
4.1 Why Drones May Seem Attractive to Non-state Actors?
5. Conclusion
5. Drone Privacy Laws: A Comparative of the US, UK, and India
1. Introduction
1.1 Challenges
1.2 Domestic Drones
1.3 Technology Used in Domestic Drones
2. Drone Use in the US
2.1 Drone Regulations
2.2 Privacy Protection against the Use of Drones by US Government Agencies through Organizational Efforts
2.3 Privacy Protection under the US Constitutional Law
2.4 Privacy Protection under State Laws
2.4.1 Government Use of Drones
2.4.2 Civilian Use of Drones
2.5 Use of Drone on Private Property by Individuals
2.5.1 Privacy under Intrusion on Seclusion
2.5.2 Privacy under Trespass Law
2.6 Drone Data Protection
2.7 Strong Points for Privacy Protection in the US
2.8 Weak Points for Privacy Protection in the US
3. Drone Use in the UK
3.1 Drone Regulation in the UK
The UK Drone Laws for Commercial Users
3.2 Privacy Protection against the Use of Drones by the UK Government Agencies through Organizational Efforts
3.3 Use of Drone on Private Property by Individuals
3.3.1 Privacy under Intrusion upon Seclusion Law
3.3.2 Privacy under trespass Law
3.4 Drones Data Protection Laws
3.5 Strong Points of the UK in Protection of Privacy
3.6 Weak Points of the UK in Protection of Privacy
4. Drone Use in India
4.1 Drone Regulations in India
General Drone Laws in India
4.2 Privacy Protection against Drone Use by government Agencies
4.2.1 Privacy Protection under the Indian Constitution Law
4.2.2 Interception and Surveillance Laws
4.3 Drones Use on Private Property by Individuals
4.3.1 Privacy under Tort Law
4.4 Data Protection Laws
4.5 Strong Points of the India in Protection of Privacy
4.6 Weak Points of the India in Protection of Privacy
4.7 Comparison of US, UK, and Indian Laws
4.8 Solution for the Privacy Laws Related to Drones
5. Conclusion
Index
