by Lisa Hajjar
Bradley Jay Strawser begins his essay by positing that the debate over drones is prone to rigid and oversimplified pro and con arguments which are unsuited to grappling with the “deep-seated moral tension” manifest in the rise of unmanned aerial vehicles armed with missiles. He argues that there is a pressing need and value in assessing drones as an object of moral theory distinct from their actual use. He uses as an empirical example the area where drones actually have been used most, the Federally Administered Tribal Areas (FATA) of Pakistan, to illustrate a moral abstraction and draw a conclusion: If the war in FATA is a just war worth fighting and the targets of drone strikes worth killing, then “a relatively strong (but highly conditional) case can be made that drones are the best option (or least bad option) presently available with which to engage this fight.”
To set up the abstract moral argument about drones as a weapons technology, Strawser recruits nuclear weapons as a comparative example. What makes nukes patently immoral “in accordance with just war theory constraints” is their inherent (technological) incapacity to discriminate between legitimate and illegitimate targets (i.e., combatants and civilians) as well as their inherently disproportionate effects (i.e., total destruction and long-term devastation). But nuclear weapons are neither technologically nor morally comparable to drones. The only thing they have in common is that both are weapons. Rather, drones are like tanks or helicopter gunships or fighter planes, all of which—unlike nukes—have the capacity to kill with discrimination and in ways that are proportional to the value of the target. Thus, in abstract terms if the purpose to which drones or tanks or helicopter gunships or fighter planes are used is “just,” then there is nothing inherently immoral in using any of them.
However, if we want to make an abstract moral argument about drones specifically, we have to isolate what distinguishes drones from other similar killing technologies: drones are unmanned. Here Strawser makes a rather rigid claim: “In fact, drones offer clear normative advantages by better protecting their operators from harm and by being more accurate in hitting their intended targets than other weapon platforms…” Leaving aside the accuracy assertion (which is debatable[1]), if drones offer a clear advantage to their operators, it is an advantage that compares to the combatant who perfidiously disguises himself to approach and kill his target unawares or the sniper who kills from a distance. Perfidy in the context of war is a war crime because the advantage the combatant gains from disguised sneak attack is illegal, and sniping is at the outer margins of what we would call “battle” because distance and camouflage offer degrees of protection to the shooter that those who engage their enemies directly do not enjoy. Being present in or proximate to the battle, or even flying manned crafts above targets and risking being shot down are the kinds of “disadvantages” that unmanned lethal technology eliminates.
Thus, one key question that drone warfare raises is whether it is moral (or legal) to be in war and be able to kill surreptitiously and systematically without the risk of being killed. Strawser blends a jus in bello contention that drones are moral because they are capable of proportionate violence, and a jus ad bellum argument that fighting militants in FATA is a just war. Thus, he piggybacks the contention that the use of drone technology to wage the war in FATA is just because the war is just. The insight we might draw from his reasoning is that battle-less wars and surprise attacks are moral.
The use of drones, at least in the ways they are so hotly debated, is a technological innovation to the practice of targeted killing. To contemplate the abstract morality of drones, we must deal with the question of whether targeted killing is moral, and this begs a more complicated question: Is targeted killing “war” and if so, what kind of war is it?
