The Characterisation of Armed Conflict and Targeted Killing under International Humanitarian Law: Reflections on the Future of Jus in Bello

Dr. Anthony Cullen
Senior Lecturer in Law School of Law – Middlesex University – London, UK. International Humanitarian Law

Dr. Sana Mir
Lecturer in Law School of Law – Middlesex University – London – UK Area of specialization: Targeted Killing

Abstract

The use of Unmanned Ariel Vehicles (UAVs) for the targeted killing of suspected terrorists has raised a number of complex legal issues for scholars and practitioners in field of international law.

This paper will focus on the applicability of international humanitarian law in such situations, the characterisation of remote warfare as armed conflict, and the possibilities for the exercise of jurisdiction over war crimes.

In this context, the scope of armed conflict as a concept of international humanitarian law will be explored.  In doing so, emphasis will be placed on the rules of interpretation provided for under Vienna Convention on the Law of treaties and customary international law to guide the future development of the law in relation to new forms of warfare.

Key words: international law, drones, Unmanned Ariel Vehicles, international human rights law, war crimes.

Short bio.

Dr. Anthony Cullen

Senior Lecturer in Law
School of Law, Middlesex University, London, UK.
International Humanitarian Law

Anthony Cullen, BA, MA, LLM, PhD, FHEA is a Senior Lecturer in Law at the School of Law, Middlesex University, London. He currently teaches Public Law, International Criminal Law, and International Humanitarian law. Prior to taking up this position, he was a Research Fellow at the School of Law, University of Leeds (2011-2013) and a Research Fellow at the Lauterpacht Centre for International Law, University of Cambridge (2007-2011).
Dr Cullen was previously employed on the joint Customary International Humanitarian Law Project of the British Red Cross and International Committee of the Red Cross. He also served for a period in the Human Rights Unit of the Irish Department of Foreign Affairs during Ireland’s presidency of the European Union.
In addition to his position at Middlesex University, Dr Cullen is also a Visiting Professor at the University of Bordeaux and an External Examiner at the University of Exeter.
His research focuses on the areas of international humanitarian law, international human rights law, the use of contemplative methods in higher education, and student well-being.

Dr. Sana Mir

Lecturer in Law
School of Law, Middlesex University, London, UK
Area of specialization: Targeted Killing

Dr Sana Mir, BA, LLB, MA, PhD is a Lecturer in Law at the School of Law, Middlesex University, London. Her main research interests lie in the field of international humanitarian law, international human rights law, and law related to the use of force and American foreign policy.