Florida Law Review Forum

Winston P. Nagan
An Essay and Comment on Oren Gross’, ‘The New Way of War: Is There a Duty to Use Drones?’
Response to Oren Gross, The New Way of War: Is There a Duty to Use Drones?

Professor Oren Gross has written a remarkably strong article in defense of the use of drones in the current national security challenge. This article is to be published just after the Obama administration has revealed that two hostages of the al-Qaeda terrorist group have been inadvertently killed in CIA-led drone strikes. These tragedies have made headline news and, at least, implicitly raise important questions about the strategy and tactics for fighting terrorism and the morality and basic ethics of the strategic use of drones to eliminate terrorist operatives. Professor Gross has written an important defense of the U.S. drone strategy. His paper provides much clarification on important questions regarding law and morality. The essential thrust of his paper is that the use of the drone replaces the earlier technology connected with pinpoint bombing of enemy targets. There is a vast difference between the two. No matter how much effort is put into the pinpoint bombing strategy, such use of force has extensive spatial consequences and additionally, will reproduce casualties as an incident of such application. Read More.