Year: 2025
Type: article
Abstract: The widespread use of drones in inter-State armed conflicts and counterterrorism opera-tions has brought increasing attention to the issue of State responsibility. However, the attribu-tion of State responsibility arising from drone operations remains largely unregulated by a uni-fied and systematic normative framework. Significant divergences exist in the practical applica-tion of the “effective control” and “overall control” standards, complicating the accurate attribu-tion of conduct. The lack of a consistent interpretation of the right of self-defense further blurs the line between lawful use of force and unlawful aggression. Moreover, the application of core obliga-tions under international humanitarian law—such as the principles of distinction and propor-tionality—is frequently hindered by the particular characteristics of drone warfare, making it difficult to clearly assign humanitarian law violations to specific State actors. There is an urgent need to clarify the scope of international legal obligations in drone warfare, to expand the no-tion of “effective control” to encompass technologically mediated forms of remote control, and to promote the development of diversified international accountability mechanisms to en-sure the normative attribution of responsibility.
Source: Annals of Law 法学年鉴
DOI: 10.63313/law.8006
Authors: Yanan Tan, WeiBin Zhang
Institution: Anhui University of Finance and Economics
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4413272691