Examining the Attribution of State Respon-sibility in the Context of Drone Warfare

Abstract

The widespread use of drones in inter-State armed conflicts and counterterrorism opera-tions has brought increasing attention to the issue of State responsibility. However, the attribu-tion of State responsibility arising from drone operations remains largely unregulated by a uni-fied and systematic normative framework. Significant divergences exist in the practical applica-tion of the “effective control” and “overall control” standards, complicating the accurate attribu-tion of conduct. The lack of a consistent interpretation of the right of self-defense further blurs the line between lawful use of force and unlawful aggression. Moreover, the application of core obligations under international humanitarian law—such as the principles of distinction and proportionality—is frequently hindered by the particular characteristics of drone warfare, making it difficult to clearly assign humanitarian law violations to specific State actors. There is an urgent need to clarify the scope of international legal obligations in drone warfare, to expand the notion of “effective control” to encompass technologically mediated forms of remote control, and to promote the development of diversified international accountability mechanisms to en-sure the normative attribution of responsibility.