The Texas Tech University School of Law Digital Repository

Drones and the U.S. Courts

Show full item record

Preview:
Title: Drones and the U.S. Courts
Author: Rosen, Richard D.
Abstract: The United States's use of drones to target leaders of Taliban, al Qaeda, and allied groups has generated considerable debate over the lawfulness of such targeted killings under international law. Assuming that using drones to target suspected terrorists and insurgents violates international law, do the actual or potential victims have remedies in U.S. courts? In other words, may prospective targets seek injunctive or declaratory relief to forestall such strikes, and do the victims of such attacks have realistic claims against the United States or its officials for personal injuries and property damage sustained in the attacks? This article explains the various hurdles to lawsuits challenging U.S. drone policy including standing, the political question doctrine, sovereign immunity, personal immunity, non-cognizable claims, and the state secrets doctrine. These hurdles present a virtually insurmountable barrier to lawsuits challenging the nation’s policy of targeted killings and reinforce the belief that this controversy must be resolved through the political process and outside the courts.
URI: http://hdl.handle.net/10601/1918
Related Resources: Click to follow Westlaw link Click to follow Lexis link Click to follow Hein Online link
Date: 2011

Files in this item

Files Size Format View
Drones and the U.S. Courts.pdf 801.4Kb PDF View/Open

This item appears in the following Collection(s)

Show full item record

Search ScHOLAR

Browse

My Account