Applying Jus In Bello Proportionality to Drone Warfare
The Law of Armed Conflict has a four-part test for making sure you are not guilty of a war crime.
- The target cannot be a civilian or noncombatant;
- The target must be militarily significant;
- The target must not be obtainable by other means; and
- The value of the target must be proportional to the anticipated value of deaths and/or destruction of property
The fourth part, “proportionality,” is an escape clause to avoid committing manslaughter but you can judge for yourself in this excellent article by David J. Akerson from the University of Oregon’s Review of International Law. I have researched many articles on proportionality and Akerson’s article below is the best I’ve read so far.