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Due Process of War in the Age of Drones

Andresen, Joshua (2016) Due Process of War in the Age of Drones Yale Journal of International Law, 41 (1), 5. pp. 155-188.

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The debate over how to properly rein in the errors and abuses of the drone program remains stalled between two ineffective and constitutionally problematic extremes. While some have defended Executive unilateralism and others have called for an ex ante Drone Court, this Note defends ex post judicial review as the only constitutional and effective way to restore our constitutional balance of powers and the rule of law. The Note first shows how plaintiffs can bring a case that runs the gauntlet of procedural and justiciability challenges to actually reach a merits review. It then shows how judges should apply the international law of war to adjudicate the lawfulness of drone strikes. Adjudicating the legality of drone strikes for their compliance with the international law of war is an eminently legal task that our courts should feel compelled to carry out. Adherence to the rule of law, our constitutional separation of powers, and our national security interests all speak for ex post judicial review of drone strikes.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
Date : 2016
Copyright Disclaimer : © Copyright 2017 YJIL. All rights reserved.
Related URLs :
Depositing User : Melanie Hughes
Date Deposited : 04 Oct 2017 16:07
Last Modified : 16 Jan 2019 18:57

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