The German government should articulate clear and restrictive legal standards on armed drones, writes Andreas Schüller in the German newspaper Weser-Kurier.

Beyond the well-reported major themes of the coalition talks between the parties CDU, CSU and SPD, there was another issue at stake: life and death. The future German government will set the course for Germany’s approach to targeted killings and armed drone operations, which so often involve civilian victims.

As a reminder: in 2013 the Grand Coalition categorically rejected unlawful killings carried out by armed drone. In summer 2017 the Social Democratic Party (SPD) blocked a move that would have seen the German Armed Forces acquire drones that can be armed. An early draft of the latest coalition agreement contained a reference only to the dangers of autonomous weapons and not drones; this was rectified in a later version.

SPD and the Christian Democratic Union (CDU) have now agreed to lease armable Heron TP drones from Israel with the proviso that any decision on whether or not to arm them be decided separately, and only after extensive assessment of ethical considerations and issues of international and constitutional law. Such an assessment could lead only to one conclusion: Germany must reject armed drones and autonomous weapons systems.

Unlawful deployment of combat drones

Armed drones (and not just autonomous weapons systems) fundamentally broaden the scope of how war is waged. In practice they are synonymous with violations of international law and human rights. States currently deploying armed drones seek to justify their use by putting forward new interpretations of the law, watering down long-established legal standards designed to protect civilians and limit violence between states.

Armed drones have for many years been used against suspected terrorists. It is clear however that in many cases, the information obtained by drones on targets on the ground is inadequate, leading to civilian deaths. A further problem is that armed drones are deployed far beyond armed conflict zones – this is unlawful and in many cases represents a violation of the prohibition of the use of force set out in the UN Charter.

A large number of these drone strikes are controlled through the Ramstein US military base in southwest Germany. The future German government must put an end to this. It must articulate clear and restrictive legal standards on the use of armed drones. The responsibility is a serious one: Germany must do its part to ensure that no state can misconstrue the law to kill purported enemies or suspected terrorists.

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This is a modified version of a text that was originally published in German on 14 February 2018 in the German newspaper Weser-Kurier.

Andreas Schüller has worked at the European Center for Constitutional and Human Rights (ECCHR) since 2009. He leads the organization’s International Crimes and Accountability Program.