For the past 15 years, the drone has become one of America’s premier tools in its counterterrorism campaign, being deployed in Yemen, Somalia, Pakistan, Libya, and Syria. It is viewed as a means of combating terrorism without putting boots on the ground. However, the use of drones has not been without controversy, as critics have continued to raise concerns about the human rights, legal, and tactical implications associated with the weapon. At the same time, drone technology has continued to spread around the world. Recognizing these challenges, the United States incorporated limitations on drone use into its 2015 export policy for drone technology. However, U.S. efforts to control the proliferation and use of armed drones have been undermined by China’s advancements in drone technology and its willingness to export these systems to other countries. Today, countries with armed drone capabilities include the United States, the United Kingdom, China, Israel, Pakistan, Iran, Iraq, Nigeria, and South Africa, with Pakistan, Nigeria, and Iraq having confirmed use of armed drones in counterterrorism operations.
This paper provides an overview of the drone’s development and history as a counterterrorism tool, as well as an analysis of the debate surrounding drone use in the United States. It examines how the availability of cheaper Chinese drones has complicated U.S. efforts to regulate the proliferation of armed drone technology and concludes with recommendations for addressing the ongoing challenges associated with their use. First, it argues that the United States must reform the domestic legal framework supporting its drone program by transferring operational control to the U.S. military and replacing the 2001 Authorization for Use of Military Force (AUMF) with clearer legal guidelines. Second, it argues that unilateral efforts to regulate drone use will ultimately be insufficient due to the global availability of Chinese drone technology. Instead, a multilateral treaty is needed to establish international standards governing the development, export, and use of armed drones.