The Legitimacy of Drones:

UCAVs for Cross-Border Counterterrorism

Edited by Steven J. Barela

Forthcoming: 2015
Publisher: Ashgate
Series: Emerging Technologies, Ethics and Int’l Affairs


Do counterterrorism policies need to be perceived as legitimate?

Positing an affirmative response using the theory of legitimacy as a target, this book explores the legitimacy of exercising lethal force across international borders with the emerging technology of unmanned combat air vehicles (UCAVs). To do so, the esteemed and rising scholars of this volume will analyze the essential questions by peering through the conceptual lenses of legality, morality and efficacy.

Chapter Outline

Through the Lens of Legality – Formal Validity

Jus ad bellum: Crossing Borders to Use Force against Individuals
– Christian Tams (Professor, University of Glasgow)
Who Can Be Killed?: Legal Targets in Non-International Armed Conflicts
– Patrycja Grzebyk (Assistant Professor, Warsaw University)
Boundaries of the Battlefield: The Geographical Scope of the Laws of War
– Katja Schöberl (Legal Advisor, German Red Cross)
Lethal Force with Drones: The Human Rights Question
– Gloria Gaggioli (Legal Adviser, ICRC)
– Jelena Pejic (Senior Legal Adviser, ICRC)

Through the Lens of Morality – Axiological Validity

What Can We Learn from History?: Machiavelli and the Debate on Artillery
– Alexis Keller (Professor, University of Geneva)
The Question of ‘Imminence’: A Historical View on Anticipatory Attacks
– Steven J. Barela (Assistant Professor, University of Geneva)
Correcting the Record: Civilians, Proportionality and Jus ad Vim
– Avery Plaw (Associate Professor, UMass-Dartmouth)
Clean War v. Just War
– Delphine Hayim (Post-Doc Fellow, University of Geneva)

Through the Lens of Efficacy – Empirical Validity

Data on Leadership Targeting and Potential Impacts for Communal Support
– Jenna Jordan (Assistant Professor, The Sam Nunn School of Int’l Affairs)
Tactical Efficacy: Notorious UCAVs and Lawfare
– Marek Madej (Assistant Professor, Warsaw University)
Strategic Efficacy: The Opinion of Security and a Dearth of Data
– Steven J. Barela (Assistant Professor, University of Geneva)
Systemic Efficacy: “Potentially Shattering Consequences for International Law”
– Robert Kolb (Professor, University of Geneva)

Offense and Defense: Debating a Drone Court

Establishing a Drone Court: Restraints on the Executive Branch
– Amos Guiora (Professor, University of Utah and former JAG lawyer for IDF)
– Jeffrey S. Brand (Dean and Professor of Law Emeritus, University of San Francisco)
A Liberal Grand Strategy: Defending the Rule of Law
– Frédéric Bernard (Lecturer, University of Geneva)
– Tom Farer (Professor and Former Dean, Korbel School of Denver University)