Drones at War: The Military Use of Unmanned Aerial Vehicles and International Law

The use of Unmanned Aerial Vehicles (UAVs) in the military field has become an issue of increasing concern in the international community. As practice grows (notably, due to the frequent use of such equipment in various countries, either involved or not in armed conflicts), so does case law on its contentious aspects. In this respect, the concept of “border” is of paramount importance, both in its physical meaning (territorial border of the State) and in its legal sense (delimitation of the area where sovereignty is exercised and other States’ intrusion is prevented). Against this background, the Chapter examines the responsibility of the State for cross-border activities, in connection with the use of remotely piloted drones in light of three bodies of international law: the law governing the use of force, in relation to the concept of territorial borders and sovereignty of States; international human rights law, as regards the extraterritorial application of human rights treaties; and international humanitarian law, with particular reference to the law of neutrality and the evolving concept of “battlefield” during an armed conflict.