Possible UN Due Process Resolution

The United States in its drone strikes over the years has come under some scrutiny in its lack of due process for its targeted victims. As we all know, international law isn’t the most helpful in this situation, as it more or less serves as a guide rather than a set of solid laws and regulations. That being said, I thought it’d be interesting to evaluate possible solutions as they related to the legality of the United States’ actions. I had to do a bit more research outside of the readings for this, but I thought it important. According to the International Court of Justice: Article 38 of their Statute of the Court, the court, when deciding on cases, should apply international customs to their decisions. Due process is generally recognized as an international custom, according to the Targeted Sanctions and Due Process Fassbender study conducted by the Humboldt University of Berlin for the UN. In 2009, the UN further implanted due process for suspected criminals into their practices with the passage of Resolution 1904. According to these findings from the ICJ and the UN, drone strikes are legally cloudy due to their inability to provide simple rights to the victims. Given that the attacks have clearly been successful against fighting terrorists, who are also illegal and operating under said pretenses according to the UN, there must be a compromise as to how a nation can get around these issues. A UN resolution should be proposed that operates along these lines: The United Nations reserves the right to investigate ay drone strike taken out by one entity’s military in another country’s sovereign land or airspace. If the investigation finds that the following standards have not been met, consequences for the attacking entity will ensue. Standards: - There must be enough intelligence deemed sufficient by the UN Security Council as reason to strike. The attack must be proven as self-defense. - Other options besides drone strikes have been explored. - It must be proven that the targets are capable of a strike. - Evidence of weapons must be found. Clearly these are just a few important features of a possible UN resolution. I felt that these found standards are important in showing that the attacking entity wasn’t reckless in its actions (which is ironically one of the early definitions of terrorism that we have already discussed). Judging by the readings and lectures, it’s important to get due process straightened out. In my opinion, as a world leader, we shouldn’t shy away from our own laws when engaging in international combat. That being said, due process is something that needs to be addressed.