hearing on legality of targeting specific persons with lethal force

* House Committee on Oversight and Government Reform, Subcommittee on National Security and Foreign Affairs (Apr. 28, 2010)

“The Rise of the Drones II: Examining the Legality of Unmanned Targeting”

On Wednesday, April 28, 2010 the Subcommittee on National Security and Foreign Affairs held a hearing entitled, “The Rise of the Drones II: Examining the Legality of Unmanned Targeting.” The hearing examined the legal issues surrounding the use of unmanned weapons systems for targeting individuals as part of our current overseas contingency operations. The witnesses discussed the requirements and application of both international and domestic laws under various combat circumstances, the consequences of using civilians or military personnel to operate unmanned weapons, the considerations involved with targeting American citizens, and future legal and policy considerations . This hearing expanded on testimony received during the Subcommittee’s first hearing on this topic on March 23, 2010 entitled, “Rise of the Drones: Unmanned Systems and the Future of War.”

Witnesses List

  • Professor Kenneth Anderson, Professor, Washington College of Law, American Univeristy;
  • Professor Mary Ellen O’Connell, Professor, University of Notre Dame Law School;
  • Professor David Glazier, Professor, Loyola Law School Los Angeles; and
  • Professor William Banks, Professor, Syracuse University College of Law.

Documents and Links

Opening Statement of Chairman John F. Tierney

Written Testimony of Professor Kenneth Anderson

Written Testimony of Professor Mary Ellen O’Connell

Written Testimony of Professor David Glazier

Written Testimony of Professor William Banks

Statement for the Record of the American Civil Liberties Union

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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