U.S. Drone Attacks Inside Pakistan's Territory: A Violation of International Law
Added on 2022-12-20
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Running head: U.S. DRONE ATTACKS INSIDE PAKISTAN’S TERRITORY
U.S. Drone Attacks inside Pakistan’s territory: A Violation of International Law
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U.S. Drone Attacks inside Pakistan’s territory: A Violation of International Law
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1U.S. DRONE ATTACKS INSIDE PAKISTAN’S TERRITORY
Abstract
Drone attacks are menace for the civilians in Pakistan for they have been subjected to
unnecessary violence over the years. It is a breach of the State’s sovereignty which Pakistan
has failed to deal with time and again. U.S. drone attack signifies a major violation of
international law for it challenges the international rule of law by defying the legal
categorization. U.S. drone attacks are infamous in the international legal scenario as a
straight-forward rule-breaking phenomenon which is ever-so growing with every passing
year. Since 2004, the U.S. government has set up numerous surgical drones strikes in the
Northwest Pakistan by way of Unmanned Aerial Vehicles (UAV) or drones under the control
of the United States Air Force and the Central Intelligence Agency (CIA). The drone attacks
in Pakistan are prevalent since the administration of the George Bush government in the U.S.
in 2004, which saw an increasing number in the administration of Barack Obama
government. Even though the Pakistani government has been condemning the drone attack
continuously over the years, yet till 2011 drone operation of a foreign state was legally
allowed by Pakistan until April 2011. The US has been defending itself under the blanket of
self-defense from the deadly terrorist who has been harbored by Pakistan. However, the
International bodies like UN, ICJ are of different view. In this study, the debate of the legality
will be discussed from the point of view of both the nations, along with the perspective of
certain important international bodies.
Abstract
Drone attacks are menace for the civilians in Pakistan for they have been subjected to
unnecessary violence over the years. It is a breach of the State’s sovereignty which Pakistan
has failed to deal with time and again. U.S. drone attack signifies a major violation of
international law for it challenges the international rule of law by defying the legal
categorization. U.S. drone attacks are infamous in the international legal scenario as a
straight-forward rule-breaking phenomenon which is ever-so growing with every passing
year. Since 2004, the U.S. government has set up numerous surgical drones strikes in the
Northwest Pakistan by way of Unmanned Aerial Vehicles (UAV) or drones under the control
of the United States Air Force and the Central Intelligence Agency (CIA). The drone attacks
in Pakistan are prevalent since the administration of the George Bush government in the U.S.
in 2004, which saw an increasing number in the administration of Barack Obama
government. Even though the Pakistani government has been condemning the drone attack
continuously over the years, yet till 2011 drone operation of a foreign state was legally
allowed by Pakistan until April 2011. The US has been defending itself under the blanket of
self-defense from the deadly terrorist who has been harbored by Pakistan. However, the
International bodies like UN, ICJ are of different view. In this study, the debate of the legality
will be discussed from the point of view of both the nations, along with the perspective of
certain important international bodies.
2U.S. DRONE ATTACKS INSIDE PAKISTAN’S TERRITORY
Table of Contents
Chapter 1: Introduction..................................................................................................5
1.0 Overview..............................................................................................................5
1.1 Introduction..........................................................................................................5
1.2 Rationale..............................................................................................................7
1.3 Research aim........................................................................................................7
1.4 Research objectives..............................................................................................7
1.5 Research Question................................................................................................8
1.6 Problem Statement...............................................................................................8
1.7 Structure of the research.......................................................................................8
1.8 Summary............................................................................................................10
Chapter 2: Literature Review.......................................................................................11
2.1 Overview............................................................................................................11
2.2 Background of U.S. Drone attacks in Pakistan..................................................11
2.2.1 Drone Technology.......................................................................................11
2.2.2 Historical background of Drone Attacks.....................................................13
2.2.3 Background of U.S. Drone attacks in Pakistan...........................................13
2.3 U.S. viewpoint about Drone attacks in Pakistan................................................16
2.4 Pakistan’s stand on U.S. Drone attacks..............................................................18
2.5 Impact of the U.S. Drone attacks on Pakistan....................................................20
2.6 Legality of the U.S. Drone attacks.....................................................................23
2.6.1 Concerns of the United Nations Human Rights Council............................25
Table of Contents
Chapter 1: Introduction..................................................................................................5
1.0 Overview..............................................................................................................5
1.1 Introduction..........................................................................................................5
1.2 Rationale..............................................................................................................7
1.3 Research aim........................................................................................................7
1.4 Research objectives..............................................................................................7
1.5 Research Question................................................................................................8
1.6 Problem Statement...............................................................................................8
1.7 Structure of the research.......................................................................................8
1.8 Summary............................................................................................................10
Chapter 2: Literature Review.......................................................................................11
2.1 Overview............................................................................................................11
2.2 Background of U.S. Drone attacks in Pakistan..................................................11
2.2.1 Drone Technology.......................................................................................11
2.2.2 Historical background of Drone Attacks.....................................................13
2.2.3 Background of U.S. Drone attacks in Pakistan...........................................13
2.3 U.S. viewpoint about Drone attacks in Pakistan................................................16
2.4 Pakistan’s stand on U.S. Drone attacks..............................................................18
2.5 Impact of the U.S. Drone attacks on Pakistan....................................................20
2.6 Legality of the U.S. Drone attacks.....................................................................23
2.6.1 Concerns of the United Nations Human Rights Council............................25
3U.S. DRONE ATTACKS INSIDE PAKISTAN’S TERRITORY
2.7 Summary............................................................................................................27
Chapter 3: Research Methodology...............................................................................28
3.1 Overview............................................................................................................28
3.2 Research Outline................................................................................................28
3.3 Research Philosophy..........................................................................................28
3.4 Research Approach............................................................................................29
3.5 Research Design.................................................................................................29
3.6 Data Collection Process.....................................................................................30
3.7 Data Analysis.....................................................................................................31
3.8 Ethical Consideration.........................................................................................31
3.9 Limitations.........................................................................................................32
3.10 Summary..........................................................................................................33
Chapter 4: Thematic Analysis......................................................................................34
4.1 Overview............................................................................................................34
4.2 Theme 1: Effects of U.S. Drone Attacks............................................................34
4.3 Theme 2: Rationale behind the standpoint of U.S. and Pakistan......................39
4.4 Theme 3: The Question of Legality..................................................................41
4.5 Summary............................................................................................................45
Chapter 5: Conclusion..................................................................................................46
5.1 Overview............................................................................................................46
5.2 Conclusion..........................................................................................................46
2.7 Summary............................................................................................................27
Chapter 3: Research Methodology...............................................................................28
3.1 Overview............................................................................................................28
3.2 Research Outline................................................................................................28
3.3 Research Philosophy..........................................................................................28
3.4 Research Approach............................................................................................29
3.5 Research Design.................................................................................................29
3.6 Data Collection Process.....................................................................................30
3.7 Data Analysis.....................................................................................................31
3.8 Ethical Consideration.........................................................................................31
3.9 Limitations.........................................................................................................32
3.10 Summary..........................................................................................................33
Chapter 4: Thematic Analysis......................................................................................34
4.1 Overview............................................................................................................34
4.2 Theme 1: Effects of U.S. Drone Attacks............................................................34
4.3 Theme 2: Rationale behind the standpoint of U.S. and Pakistan......................39
4.4 Theme 3: The Question of Legality..................................................................41
4.5 Summary............................................................................................................45
Chapter 5: Conclusion..................................................................................................46
5.1 Overview............................................................................................................46
5.2 Conclusion..........................................................................................................46
5U.S. DRONE ATTACKS INSIDE PAKISTAN’S TERRITORY
Chapter 1: Introduction
1.0 Overview
The first chapter of this research paper strives to provide an overview of the study on
the U.S. Drone Attacks inside Pakistan’s territory: A violation of International Law by
discussing an introductory section, introducing the topic in which the research for the study
will be conducted. The researcher frames a research statement in order to point out the main
view point of the research towards which the study is directed. A Research Question have
been framed based on the research topic along with the Aims and Objectives of the research.
Lastly, a detailed Chapterisation has been provided to show the tentative chapters that can be
expected in the research paper.
1.1 Introduction
Drone attacks are menace for the civilians in Pakistan for they have been subjected to
unnecessary violence over the years. It is a breach of the State’s sovereignty which Pakistan
has failed to deal with time and again. U.S. drone attack signifies a major violation of
international law for it challenges the international rule of law by defying the legal
categorization. U.S. drone attacks are infamous in the international legal scenario as a
straight-forward rule-breaking phenomenon which is ever-so growing with every passing
year. Since 2004, the U.S. government has set up numerous surgical drone strikes in the
Northwest Pakistan by way of Unmanned Aerial Vehicles (UAV) or drones under the control
of the United States Air Force and the Central Intelligence Agency (CIA). The drone attacks
in Pakistan are prevalent since the administration of the George Bush government in the U.S.
in 2004, which saw an increasing number in the administration of Barack Obama
government. Even though the Pakistani government has been condemning the drone attack
Chapter 1: Introduction
1.0 Overview
The first chapter of this research paper strives to provide an overview of the study on
the U.S. Drone Attacks inside Pakistan’s territory: A violation of International Law by
discussing an introductory section, introducing the topic in which the research for the study
will be conducted. The researcher frames a research statement in order to point out the main
view point of the research towards which the study is directed. A Research Question have
been framed based on the research topic along with the Aims and Objectives of the research.
Lastly, a detailed Chapterisation has been provided to show the tentative chapters that can be
expected in the research paper.
1.1 Introduction
Drone attacks are menace for the civilians in Pakistan for they have been subjected to
unnecessary violence over the years. It is a breach of the State’s sovereignty which Pakistan
has failed to deal with time and again. U.S. drone attack signifies a major violation of
international law for it challenges the international rule of law by defying the legal
categorization. U.S. drone attacks are infamous in the international legal scenario as a
straight-forward rule-breaking phenomenon which is ever-so growing with every passing
year. Since 2004, the U.S. government has set up numerous surgical drone strikes in the
Northwest Pakistan by way of Unmanned Aerial Vehicles (UAV) or drones under the control
of the United States Air Force and the Central Intelligence Agency (CIA). The drone attacks
in Pakistan are prevalent since the administration of the George Bush government in the U.S.
in 2004, which saw an increasing number in the administration of Barack Obama
government. Even though the Pakistani government has been condemning the drone attack
6U.S. DRONE ATTACKS INSIDE PAKISTAN’S TERRITORY
continuously over the years, yet till 2011 drone operation of a foreign state was legally
allowed by Pakistan until April 2011.
U.S. drone strikes portrays significant challenge to the international law, for it only
violates international rule of law but also jeopardizes the sovereignty of Pakistan by
showcasing a blatant scenario of rule-breaking. Such instances of violation of international
law clearly defy the legal categorization even though U.S. claims to support their action post
9/11 incident1. The United States have backed their actions with legal theories behind such
drone strikes as a “self-defense, imminence, armed attack, necessity, armed conflict,
combatant, hostilities.”2 Such justifications have been denied by the international
adjudicating bodies as insufficient and baseless for it has been repeatedly established by the
international authorities that U.S. has no territorial jurisdiction over Pakistan’s land, air space
and nautical miles. In its defense, the U.S. has put forwarded the loose ends of the Pakistan’s
policies and approval for flying Unmanned Aerial Vehicles (UAV) in its air space still 20113.
The Pakistan government’s reluctant attitude towards the violation of its sovereignty and the
distress of the civilians have been heavily criticized by the citizens of Pakistan as well as by
international players branding it as an international political crisis4.
Legality of the drone strikes by U.S. in Pakistan has been a long-standing debate
among the two nations involving various international bodies as well. The United States have
tried its best to justify its actions of unwarranted drone attacks in Pakistan over the years even
though Pakistan have come up with the query about the legality of such drone attacks even
though United States lack jurisdiction over Pakistan’s territory. Even after stating ample
1 Groves, Steven. Drone Strikes: The legality of US Targeting terrorists abroad. Heritage Foundation, 2013.
2 Azhar, Wafa, and Khushboo Ejaz “Legality of US Drone Strikes in Pakistan.” Journal of Politics and
International Studies 1 (2015): 100-118.
3 Fair, C. Christine, Karl Kaltenthaler, and William J. Miller. "Pakistani opposition to American drone
strikes." Political Science Quarterly 129.1 (2014): 1-33.
4 Shah, Sikander Ahmed. International law and drone strike in Pakistan: the legal and socio-political aspects.
Routledge, 2014.
continuously over the years, yet till 2011 drone operation of a foreign state was legally
allowed by Pakistan until April 2011.
U.S. drone strikes portrays significant challenge to the international law, for it only
violates international rule of law but also jeopardizes the sovereignty of Pakistan by
showcasing a blatant scenario of rule-breaking. Such instances of violation of international
law clearly defy the legal categorization even though U.S. claims to support their action post
9/11 incident1. The United States have backed their actions with legal theories behind such
drone strikes as a “self-defense, imminence, armed attack, necessity, armed conflict,
combatant, hostilities.”2 Such justifications have been denied by the international
adjudicating bodies as insufficient and baseless for it has been repeatedly established by the
international authorities that U.S. has no territorial jurisdiction over Pakistan’s land, air space
and nautical miles. In its defense, the U.S. has put forwarded the loose ends of the Pakistan’s
policies and approval for flying Unmanned Aerial Vehicles (UAV) in its air space still 20113.
The Pakistan government’s reluctant attitude towards the violation of its sovereignty and the
distress of the civilians have been heavily criticized by the citizens of Pakistan as well as by
international players branding it as an international political crisis4.
Legality of the drone strikes by U.S. in Pakistan has been a long-standing debate
among the two nations involving various international bodies as well. The United States have
tried its best to justify its actions of unwarranted drone attacks in Pakistan over the years even
though Pakistan have come up with the query about the legality of such drone attacks even
though United States lack jurisdiction over Pakistan’s territory. Even after stating ample
1 Groves, Steven. Drone Strikes: The legality of US Targeting terrorists abroad. Heritage Foundation, 2013.
2 Azhar, Wafa, and Khushboo Ejaz “Legality of US Drone Strikes in Pakistan.” Journal of Politics and
International Studies 1 (2015): 100-118.
3 Fair, C. Christine, Karl Kaltenthaler, and William J. Miller. "Pakistani opposition to American drone
strikes." Political Science Quarterly 129.1 (2014): 1-33.
4 Shah, Sikander Ahmed. International law and drone strike in Pakistan: the legal and socio-political aspects.
Routledge, 2014.
7U.S. DRONE ATTACKS INSIDE PAKISTAN’S TERRITORY
justification for their actions, U.S. has failed to convince the international bodies regarding
the necessity, reasonability and the legality of the drone attacks.
Therefore, through this study, the perspective of both the nations will be evaluated
and a conclusion will be drawn as to the violation of international law as well as the breach of
Pakistan’s sovereignty due to such unprecedented and unalarmed U.S. drone attacks5. In
addition, an evaluation of the legality of these attacks will be adjudged based on the fragile
and vague policies that Pakistan has in regard to these drone surgical strikes. Vagueness of
Pakistan’s policies and approach towards such unjustified and illegal conduct of the U.S. is
much spoken topic over the last decade, which would be discussed briefly as well.
1.2 Rationale
The rationale of conducting this research is to emphasize on the repeated violation of
international law and the state sovereignty of Pakistan due to the unprecedented drone attack
since 2004. The opinion of both the sovereign state is taken into consideration in this study in
order to point out the necessity of it as well as the evil impact it causes upon the innocent
victims. The justification put forwarded by the U.S. government in support of the repeated
drone strikes over the years needs to be critically analyzed in order to evaluate whether they
really violate the international rule of law along with the sovereignty of Pakistan.
1.3 Research aim
The aim of this research is to evaluate whether the continuous drone strikes by the
U.S. government violate the international law, the sovereignty of Pakistan along with
jeopardizing the safety of its civilians.
1.4 Research objectives
The objective of the projected research work is:
5 Allinson, Jamie. "The necropolitics of drones." International Political Sociology 9.2 (2015): 113-127.
justification for their actions, U.S. has failed to convince the international bodies regarding
the necessity, reasonability and the legality of the drone attacks.
Therefore, through this study, the perspective of both the nations will be evaluated
and a conclusion will be drawn as to the violation of international law as well as the breach of
Pakistan’s sovereignty due to such unprecedented and unalarmed U.S. drone attacks5. In
addition, an evaluation of the legality of these attacks will be adjudged based on the fragile
and vague policies that Pakistan has in regard to these drone surgical strikes. Vagueness of
Pakistan’s policies and approach towards such unjustified and illegal conduct of the U.S. is
much spoken topic over the last decade, which would be discussed briefly as well.
1.2 Rationale
The rationale of conducting this research is to emphasize on the repeated violation of
international law and the state sovereignty of Pakistan due to the unprecedented drone attack
since 2004. The opinion of both the sovereign state is taken into consideration in this study in
order to point out the necessity of it as well as the evil impact it causes upon the innocent
victims. The justification put forwarded by the U.S. government in support of the repeated
drone strikes over the years needs to be critically analyzed in order to evaluate whether they
really violate the international rule of law along with the sovereignty of Pakistan.
1.3 Research aim
The aim of this research is to evaluate whether the continuous drone strikes by the
U.S. government violate the international law, the sovereignty of Pakistan along with
jeopardizing the safety of its civilians.
1.4 Research objectives
The objective of the projected research work is:
5 Allinson, Jamie. "The necropolitics of drones." International Political Sociology 9.2 (2015): 113-127.
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