Title Page
ABSTRACT
ABBREVIATIONS
Contents
CHAPTER ONE: INTRODUCTION 16
1.1. General Introduction 16
1.2. Legal Issues 20
1.3. Study Objectives 21
1.4. Scope and Limitations of Study 22
CHAPTER TWO: OVERVIEW OF TARGETED KILLINGS AND UNMANNED AERIAL VEHICLES (UAVs) OR DRONES 23
2.1. Definition of Targeted Killings 23
2.2. Nature of targeted killing 26
2.2.2. Special Agency 29
2.3. Unmanned Aerial Vehicles and Targeted Killings 31
2.3.1. Introduction 31
2.3.2. First Launched of Balloon Bomb 32
2.3.2. Initiation of Unmanned Aircraft in War 33
2.3.3. The surveillance of drone 35
2.3.4. Armed Drones 36
2.3.5. Impacts on The Victim by Armed Drones for Targeted Killings 38
CHAPTER THREE: THEORETICAL APPROACHES AND INTERNATIONAL LEGAL FRAMEWORK ON THE PRACTICE OF TARGETED KILLINGS 44
3.1. Theoretical Approaches Regarding Targeted Killings Issue 44
3.1.1. Just War Theory 44
3.1.2. Distinguish Between Jus ad Bellum and Jus in Bello 46
3.2. International Human Rights Law 49
3.2.1. The Universal Declaration on Human Rights (UDHR) 51
3.2.2. International Covenant on Civil and Political Rights (ICCPR) 52
3.2.3. International Covenant on Economic, Social and Culture Rights (ICESCR) 54
3.2.4. Regional Law 55
3.3. Int ernational Humanitarian Law 57
3.3.1. The Right to Life in term of International Humanitarian Law (IHL) 61
3.3.2. Combatants 61
3.3.3. Unlawful Combatants 63
3.3.4. Civilian directly participating in hostilities 65
3.4. Principles of Law of Armed Conflict 68
3.4.1. Principle of Military Necessity 68
3.4.2. Principle of Humanity 70
3.4.3. Principle of Distinction 71
3.4.4. Principle of Proportionality 72
3.5. The Concept of Self-defence under International Law Regarding to Targeted Killings 73
3.5.1. The Legal Recognition of the Use of Self-defence 73
3.5.2. The Contradiction of the Use of Self-defence 75
3.6. The Criminal Liability Issue on the Use of Armed Drones for Targeted Killing as a Types of Crimes under The Rome Statute 77
3.6.1. Targeted Killings under Crimes Against Humanity 78
3.6.2. Targeted Killings under War Crime 79
3.6.3. Targeted Killings under an act of Genocide 81
CHAPTER FOUR: THE USE OF UNMANNED AERIAL VEHICLES (UAVs) FOR TARGETED KILLINGS PERPETRATED BY THE UNITED STATES IN PAKISTAN 83
4.1. The History of Relationship Between the United States and Pakistan 83
4.2. The Initiate of US Targeted Killings policy in Pakistan 85
4.2.1. Al-Qaeda Before incident on September 11, 2001 87
4.2.2. Incident of September 11, 2001, and Invasion of Afghanistan 88
4.2.3. Al-Qaeda's Migration to Pakistan 90
4.2.4. Timeline of US's Targeted Killings Policy by the Use of Armed Drones in Pakistan Since 2004 93
4.3. The United States' Legal Arguments on Targeted Killings Policy and Drone Campaign 96
4.3.1. The US's Legal Argument on Targeted Killing as National Self-Defence 98
4.3.2. The US Constituted its armed Conflict with Enemy as Non-International Armed Conflict 100
4.4. The Failure of US Authorities in Transparency on Targeted Killings Policy in Pakistan 102
4.5. Pakistan and International Response toward US Drone Programs 104
4.5.1. Pakistani Government Responses 104
4.5.2. International Responses 105
4.6. Target Killing Case Study 107
CHAPTER FIVE: RECOMMENDATIONS 116
5.1. Ensure the Use of Armed Drones for Targeted Killings Policy Complies with International Law Standard 117
5.2. Increase Transparency, Oversight on Pre and Post-Drone Strikes 120
5.3. Explicit International legal framework for the Use of UAVs for Targeted killings 121
5.3.1. Definition of Targeted killings in the Act 122
5.3.2. Selection of "kill lists" Criteria 123
5.3.3. Investigation and Legal Process 124
5.3.4. Remedies 126
5.3.5. Punishment 127
5.4. Create an Independent Organization for the Usage of Lethal Forces and Its Future Development 128
CHAPTER SIX: CONCLUSION 130
References 134