CONTENTS
Acknowledgements = ix
1 Legality of drone strikes = 1
Introduction and historical background = 1
International law governing the use of force in self-defense and the US war in Afghanistan = 12
The legality of US drone attacks in Pakistan = 32
2 Consent and territorial sovereignty = 70
State sovereignty in international law = 70
The doctrine of consent in international law and state／territorial sovereignty = 73
How the law of consent and sovereignty intersects with drone attacks in Pakistan = 88
The scope of consent extended, the nature of such consent, its conformity with peremptory norms, and its retraction = 95
3 Drones and compliance with human rights law = 109
Background = 109
Mutual application of IHRL and IHL = 111
Extraterritorial application of core human rights treaties and customary international human rights law in armed conflict or otherwise = 121
Regional bodies and courts = 135
Contraventions of IHRL by the US and Pakistan : a reality? = 138
What is different about drones? = 150
4 Drone strikes and compliance with international humanitarian law = 156
Background = 156
The applicability of Common Article 3 = 162
The legality of the weapon = 163
Use of the weapon = 174
The combatant in a time of drones = 176
5 The social and political impact of drones in Pakistan = 194
The drone victim = 196
Litigating on the drones : the interaction of drone victims with the Pakistan legal system = 211
The impact of drones on FATA = 223
Conclusion = 226
6 Conclusion = 230
Remedies and course of action = 230
The way forward = 239
Index = 243
