When Technology Violates International Law

Although drones have revolutionized military tactics due to their ease of use, low cost, and often high accuracy, they are transforming from an accessible tool into a means of violating international humanitarian law by indiscriminately striking civilian and public targets. Furthermore, the scale of panic and destruction inflicted on civilians is not legally justified by their effects, in addition to the lack of legal accountability in launch decisions. This has been evident since the start of the recent Iran-Iraq War on February 28th.

The use of drones in armed conflicts is based on strict adherence to International Humanitarian Law, particularly the 1949 Geneva Conventions and their First Additional Protocol of 1977. However, violations occur in several areas. While Articles 48 and 51 of the law require warring parties to distinguish between civilian objects and military objectives, large-scale drone attacks, especially loitering munitions, can strike civilian and residential targets, as well as infrastructure. Furthermore, the principle of proportionality, as stipulated in Article 57, which states that the anticipated military advantage must outweigh the expected collateral damage, is evident in the damage caused by the drones. The absence of legal accountability, due to the lack of clearly defined entities responsible for the launch decision, transforms the war into an accountability void for which no one is held accountable.

The drone strikes do not necessarily justify retaliation or aggression, but rather constitute a decision with criminal consequences. According to Article 8 of the Rome Statute, intentionally directing attacks against civilians or targets that do not pose an immediate military threat is classified as a war crime. Responsibility here does not fall solely on the drone operator, but extends to the commanders who planned and ordered these operations without regard for civilian casualties. What we have witnessed recently, with the launch of more than 2,800 drones since the beginning of the war, which targeted Baghdad, Erbil, and the Gulf states, despite the high rate of objection, is a clear violation of international law. The competent authorities must activate international monitoring and accountability mechanisms through the International Criminal Court so that these drones do not become an example of the absence of international law instead of adherence to it.