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1. Over the horizon: NATO joint intelligence, surveillance, and reconnaissance in the Baltic Sea region

Author:
Mark E. Ferguson, Christopher Harper, and Richard D. Hooker
Publication Date:
11-2019
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
Since the Russian occupation of Crimea in 2014, NATO threat perceptions have significantly intensified, particularly with regard to the three Baltic states of Estonia, Latvia, and Lithuania that today face the most direct threat of any of NATO’s allies. To deter aggression in the Baltic region, NATO must deploy a credible and effective defense, grounded in a comprehensive understanding of adversary capabilities, actions and intent. A critical element of deterrence and defense is NATO Joint Intelligence, Surveillance, and Reconnaissance a networked system of sensors, collectors and analysts fielded by the Alliance and its member states to provide situational awareness, early warning and if necessary, decision support for combat operations. Put simply JISR is about getting the right information to the right person, at the right time in the right format. But if a crisis erupted in the Baltic Sea region, is NATO equipped to gather and process the information necessary to give commanders on the ground a clear operating picture? What improvements, if any, could be made to the way NATO and NATO allies collect and process intelligence? To answer these and other questions, the Atlantic Council’s Scowcroft Center for Strategy and Security assembled a task force of leading regional security experts, led by co-chairs ADM Mark E. Ferguson, III, USN (Ret.) and AM Sir Christopher Harper, RAF (Ret.) and project director Dr. Richard D. Hooker, Jr, that examined NATO’s JISR posture in the Baltic Sea region and offers a series of recommendations to improve both collection and processing of vital intelligence so that NATO is ready to meet any challenge that may be waiting over the horizon.
Topic:
NATO, Intelligence, Drones, and Surveillance
Political Geography:
Europe, Northern Europe, and Baltic Sea

2. Avoiding the Legal Black Hole: Re-evaluating the Applicability of the European Convention on Human Rights to the United Kingdom’s Targeted Killing Policy

Author:
Liam Halewood
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In 2015, the United Kingdom (UK) became the first European State to incorporate extraterritorial targeted killing with drones into its counterterrorism framework. This article examines whether the UK’s obligations under the European Convention on Human Rights (ECHR) extend to such operations. Scholars have suggested not, based on a comparison of a drone strike to the circumstances of the landmark Bankovic case, which was inadmissible on jurisdictional grounds. Consequently, the UK policy is perceived as occurring in a legal black.hole outside the purview of the Convention. However, this article argues that the comparisons to Bankovic overlook the uniqueness of targeted killing operations and the context in which the UK policy is utilized. Considering the distinctiveness of the UK policy, this article re-evaluates the applicability of the ECHR and proposes that the European Court of Human Rights (ECtHR) could find a jurisdictional link between the UK and the victims of targeted killing, thereby avoiding the perceived legal black.hole.
Topic:
Human Rights, Military Strategy, Drones, and Extrajudicial Killings
Political Geography:
United Kingdom and Europe

3. The ad bellum Challenge of Drones: Recalibrating Permissible Use of Force

Author:
Alejandro Chehtman
Publication Date:
01-2017
Content Type:
Journal Article
Abstract:
Drones constitute an incremental advance in weapons systems. They are able to significantly reduce overall, as well as collateral, damage. These features seem to have important implications for the permissibility of resorting to military force. In short, drones would seem to expand the right to resort to military force compared to alternative weapons systems by making resorting to force proportionate in a wider set of circumstances. This line of reasoning has significant relevance in many contemporary conflicts. This article challenges this conclusion. It argues that resorting to military force through drones in contemporary asymmetrical conflicts would usually be disproportionate. The reason for this is twofold. First, under conditions of radical asymmetry, drones may not be discriminatory enough, and, thereby, collateral damage would still be disproportionate. Second, their perceived advantages in terms of greater discrimination are counteracted by the lesser chance of success in achieving the just cause for war. As a result, resorting to military force through drones in contemporary asymmetrical conflicts would generally be disproportionate not because of the harm they would expectedly cause but, rather, because of the limited harm they are ultimately able to prevent. On the basis of normative argument and empirical data, this article ultimately shows that we need to revise our understanding of proportionality not only at the level of moral argument but also in international law.
Topic:
International Law, War, Military Affairs, Weapons, and Drones
Political Geography:
Afghanistan, United States, and Europe