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KCI등재후보 학술저널

MILITARY use of UAV and International Law

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While unmanned aerial vehicles are widely used for private and commercial use, they are more useful for mil-itary use. Recently, many countries, including the United States and China, have carried out many military oper-ations using unmanned aerial vehicles. UAVs were used mainly for exploratory patrols in the Vietnam War, but they have become more used in the recent war on terror. The demand for unmanned aircraft has increased since the September 11, 2011 attacks on terrorists in Afghanistan and Pakistan. The U.S. Air Force immediately used unmanned aerial vehicles in its ‘portrait’ operation, hitting about 115 targets in Afghanistan during its first year of operation. The CIA in the U.S. is also using unmanned aerial vehicles to strike al-Qaida in the Middle East. The operational use of armed drones can be largely divided into two groups: direct support of military operations and the task of killing the murderer. The first military use of unmanned aerial vehicles in the early ‘arctic free opera-tion’ was used as an offensive weapon and as a reconnaissance tool. And it has been proven to be particularly useful for identifying targets, identifying locations and removing them. By 2007, the military had become useful in the enemy’s operation area of the war in Iraq, and demand has skyrocketed since. On the other hand, the CIA’s unmanned aerial vehicle program has been used as a useful weapon for killing murderers in tribal areas of Paki-stan. High-tech capabilities allow drones to better distinguish between combatants and noncombatants. Histor-ically, combatants have been relatively easy to distinguish because they wear uniformed uniforms. But today’s war on terrorism creates new problems because terrorists are not wearing traditional clothes. This makes it more difficult to distinguish between civilians and terrorists. Article 48 of the additional protocol states that: The par-ties involved in the fighting should always distinguish between civilian and warrior and civilian targets and con-duct direct operations only on military targets. The U.S. needs to collect more accurate information have in-creased demand for unmanned aerial vehicles for unmanned aerial vehicles. The drone, which was first adopted as a real-time information collector in case of conflict with al-Qaeda, is a better choice than ground forces. The principle of discrimination prohibits direct attacks on civilians. According to Article 48 of the additional protocol of the Geneva Convention, “To ensure the respect and protection of civilians and private goods, the parties always distinguish between civilians and combatants, civilian goods and military targets, and their oper-ations should therefore be carried out only on military targets.” To conduct an attack under this principle, you must distinguish between those who are directly involved in the act of hostility and those who are not. There can be at least three interpretations of the distinction between these fighters and civilians. First, how do you distin-guish a soldier from a civilian during the war? Article 4 of the Third Geneva Convention is based on article 50 of the additional protocol which deals with those who deserve protection and their rights as prisoners of war and establishes the definition of civilians.

Abstract

1. Introduction

2. The Fundamental Theory of Law of War

3. The Principles of Distinction and UAV Operation

4. Reference

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