"THE RIGHT TO LIFE IN THE CONDUCT OF HOSTILITIES: THE INTERPLAY BETWEEN IHL AND THE RIGHT TO LIFE IN TARGETED DRONE KILLINGS"

This research examines the legal interplay between International Humanitarian Law (IHL) and International Human Rights Law (IHRL) in light of the growing use of combat drones for targeted killings. Drawing on a doctrinal and jurisprudential methodology, the study deconstructs the traditional paradigm of exclusion through lex specialis in favor of the theory of the concomitant application of norms. The analysis demonstrates that extraterritorial strikes do not constitute "gray zones" but rather activate a functional jurisdiction based on the technical control exercised by the operator over the target. On a substantive level, the research highlights a "precision paradox": the loitering capability and informational superiority of drones reinforce the State's duty of diligence, establishing capture as a legal priority over execution. On a procedural level, the study underscores an accountability crisis, exacerbated by the algorithmic targeting of signature strikes and the opacity of state secrecy. In conclusion, the article argues for meaningful human control to preserve the essence of the right to life in the face of the increasing automation of lethal force.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-05-30
DOI
https://doi.org/10.5281/zenodo.20464247
Primary Topic
Ethics and Social Impacts of AI
Type
preprint
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"THE RIGHT TO LIFE IN THE CONDUCT OF HOSTILITIES: THE INTERPLAY BETWEEN IHL AND THE RIGHT TO LIFE IN TARGETED DRONE KILLINGS"

Paulin Nyengo
Zenodo (CERN European Organization for Nuclear Research)
Ethics and Social Impacts of AI
preprint

"THE RIGHT TO LIFE IN THE CONDUCT OF HOSTILITIES: THE INTERPLAY BETWEEN IHL AND THE RIGHT TO LIFE IN TARGETED DRONE KILLINGS"

Paulin Nyengo
preprint en

Abstract

This research examines the legal interplay between International Humanitarian Law (IHL) and International Human Rights Law (IHRL) in light of the growing use of combat drones for targeted killings. Drawing on a doctrinal and jurisprudential methodology, the study deconstructs the traditional paradigm of exclusion through lex specialis in favor of the theory of the concomitant application of norms. The analysis demonstrates that extraterritorial strikes do not constitute "gray zones" but rather activate a functional jurisdiction based on the technical control exercised by the operator over the target. On a substantive level, the research highlights a "precision paradox": the loitering capability and informational superiority of drones reinforce the State's duty of diligence, establishing capture as a legal priority over execution. On a procedural level, the study underscores an accountability crisis, exacerbated by the algorithmic targeting of signature strikes and the opacity of state secrecy. In conclusion, the article argues for meaningful human control to preserve the essence of the right to life in the face of the increasing automation of lethal force.

Zenodo (CERN European Organization for Nuclear Research)
University of South Africa (ZA)
Reduced inequalities
Ethics and Social Impacts of AI
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"THE RIGHT TO LIFE IN THE CONDUCT OF HOSTILITIES: THE INTERPLAY BETWEEN IHL AND THE RIGHT TO LIFE IN TARGETED DRONE KILLINGS" — Paulin Nyengo · Zenodo (CERN European Organization for Nuclear Research) (2026) | TGRS Research Map | TGRS