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Before developing the argument of the book, this chapter gives an overview of the contexts where combat drones have been deployed as a basis for the study. The description of the contexts in which drone operations have been conducted extraterritorially against non-state actors by the US, the UK, and France follow a chronological sequence, and draw some general common and diverging features of the different legal rationales crafted by these states.
This chapter examines the new architecture of air power enabled by remote warfare. The development of remotely piloted aircraft (RPA) such as the Predator and Reaper, combined with global communication networks, manned aircraft, and precision-strike capabilities, created a far-flung kill web that exploited permissive skies to target pernicious threats. Leveraging local surrogates and special operations forces along with increasingly sophisticated sensors and weapons, RPAs rendered high-value terrorists, enemy concentrations, and military infrastructure visible and vulnerable in Afghanistan, Iraq, Pakistan, Yemen, Syria, Libya, and Somalia. Persistent surveillance-strike capabilities reduced risk to US and allied forces and fostered rapacious demand for RPAs as contemporary air warfare became increasingly remote, digitized, and precise. As the kill web’s architecture evolved, RPAs became vehicles of political expediency. Yet new questions emerged about the allure and efficacy of remote warfare and air power operations in countries not at war with the United States.
Debates over how best to ensure appropriate conduct in battle typically draw a binary distinction between rule compliance and rule violation. This framing is problematic, excluding a critical third element of battlefield conduct, supererogation—that is, positive acts that go beyond what is demanded by the explicit rules of war. This article investigates this moral category of action; specifically, situations in which combatants refrain from taking the life of an enemy despite their moral and legal license to do so. It first considers the moral tension between the duty of combatants to kill and battlefield mercy, and goes on to explore the factors that motivate the latter. The article then shifts to consider the significance of supererogation to the ongoing efforts to moderate the conduct of contemporary war. As the article illustrates, supererogatory restraint is constituted by values that when cultivated also incentivize adherence to the more explicit rules and standards of the battlefield. This is demonstrated through analysis of the conduct of Western special forces. The concept of supererogation is of further use when evaluating the origins and implications of “moral injury.” This is verified empirically in the context of armed unmanned aerial vehicles.
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