International law is dead, long live international law: the state practice of drone strikes

Abstract

New means and methods of war such as remote warfare by dronesthe focus of this special issuechallenge international law, as there no longer exists agreement between states regarding the rules regulating the use of force. The existing legal norms are interpreted in widely diverging manners and seemingly put aside if not in the interest of the state in question. Yet, this article argues that, taking a closer look at the state practice of drone strikes beyond the paradigmatic case of the United States of America, the demise of international legal norms regulating the use of force seems overstated. Instead, the analysis reveals that the international laws addressing the use of force and means and methods of warfare are not as dead as the general discourse asserts, and can still serve to regulate state action.

Rethinking remote warfare

“…org/ chapt ers/c-uas-future-threa ts-milit aryuas-terro rist-drones-and-the-dange rs-of-the-second-drone-age/ Another cross-cutting issue addressed in this Special Issue concerns the erosion of International Law within the context of Remote Warfare. As Amelie Theussen outlines in "International law is dead, long live international law: the state practice of drone strikes", one of the broader issues in international relations is that the existing legal norms that govern the practices of nation states "are interpreted in widely diverging manners and seemingly put aside if not in the interest of the state in question" (Theussen 2021). Russia's manufactured Jus ad Bellum excuses for invading Ukraine, and its concerning Jus in Bello practices, only reinforce Theussen's claims.…”

“…Russia's manufactured Jus ad Bellum excuses for invading Ukraine, and its concerning Jus in Bello practices, only reinforce Theussen's claims. Yet, in the contribution to the Special Issue, Theussen focuses in on "the state practice of drone strikes beyond the paradigmatic case of the USA" to reassure us that the demise of international legal norms regulating the use of force may be overstated and there is hope for strengthening the rule of law (Theussen 2021). As Theussen's analysis reveals, international law might not be as "dead as the general discourse asserts, and can still serve to regulate state action" (Theussen 2021).…”