by Feisal H. Naqvi
Bradley Strawser’s much-disclaimered defense of the use of drones ultimately obscures more than it illuminates. That he chose to title his essay “More Heat than Light,” is thus unwittingly ironic.
Mr. Strawser defends the use of drones both as a matter of principle and as a matter of policy. He argues that the use of drones is neither immoral per se (unlike, for example, the use of nuclear weapons) nor is it immoral within the specific context of strikes by the United States in the Federally Administered Tribal Areas of Pakistan (FATA).
By making this argument, Mr. Strawser deliberately ducks the single most important issue with respect to drones – that is, the legality under international law of US drone strikes in FATA. This omission is curious because Mr. Strawser specifically notes in the first paragraph of his essay that the debate over drones is with respect to their “morality, legality and prudence.”
So far as I can see, Mr. Strawser’s failure to discuss “legality” is deliberate because US drone strikes in FATA are a gross violation of the law of nations. Mr. Strawser’s decision to ignore his nation’s illegalities and instead concentrate on either ab initio philosophical musings or a utilitarian calculus that devalues the rights of Pakistanis only underscores this point.
International law provides in categorical terms that no nation can violate the sovereignty of another except in certain limited circumstances (see Article 2(4) of the UN Charter). Given that US-operated machines are flying in Pakistani air space and killing Pakistani citizens, the first question that needs to be examined is whether the US has any legal basis for its violation of Pakistan’s sovereignty.
There are two relevant exceptions to Article 2(4) that the US can cite as justification. The first is the consent of the host state. The second is when the use of force is in self-defence (either in response to an armed attack or in response to an imminent threat) and where the host state is unwilling or unable to take appropriate action. Neither of these two exceptions is applicable to US drone strikes in Pakistan.
