Student B.A. LLB, National Law University, Delhi
Online published on 28 June, 2017.
The present article deals with the increased use of drones in countries of South Asia like Pakistan, Afghanistan by America against the militant forces like Taliban, Al-Qaeda. It discusses the legality or illegality of drones under International Humanitarian Law (IHL) or Law of Armed Conflict (LOAC) which deals with the way Armed Conflict should be fought. The essay also tries to draw an analogy between the position of U.S. and India in the sense that America started the Global War on Terror after 9/11 attacks and India is also placed in the similar situation that it also faces armed attacks from the militant organizations based in Pakistan and Afghanistan like Lashkar-e-Taiba(LeT), Jaish e-Mohammad etc. Given the Fact that India also has drones, the article seeks to attempt the problems which India would have faced if India were to use drones against them and also the ways in which those problems would be tackled. The first part deals with general introduction about Drones and their use. In the second part, the legality of the use of drones under International Humanitarian law is discussed. The third part deals with the challenges before India to justify the use of drones if it were to use them. The fourth part finally concludes that India would have used the drones under International Humanitarian Law if she were to use drones in future.