Cross-Border Drone Operations and International Law: Airspace Sovereignty, the Prohibition on the Use of Force, and the Unwilling or Unable Doctrine | International Journal of Law Management & Humanities
AI Analysis
This research paper analyzes the legal complexities of cross-border drone operations, specifically focusing on the conflict between a state's airspace sovereignty (Chicago Convention Article 1) and the prohibition of the use of force (UN Charter Article 2(4)). It examines whether such operations constitute violations of sovereignty or potentially lawful actions under the 'unwilling or unable' doctrine when targeting non-state actors. The study hypothesizes whether drone strikes inherently violate sovereignty versus being reconcilable with international law under specific conditions.
Key Takeaways
- The paper centers on the legal tension between airspace sovereignty and the prohibition of force in international law.
- It specifically addresses cross-border drone strikes targeting non-state actors.
- The 'unwilling or unable' doctrine is critically evaluated as a potential justification for such operations.
- The research investigates whether drone strikes are inherently a violation of sovereignty.
- The study examines the distinction between breaches of sovereignty and acts of armed attack.
Why It Matters
Understanding the legal framework surrounding drone warfare is crucial as cross-border operations become increasingly common. Clarifying the legality of these actions impacts strategic decision-making, rules of engagement, and international relations, particularly concerning counter-terrorism efforts and state responses to perceived threats. This research contributes to the ongoing debate about the appropriate use of force in the 21st century.
Cross-Border Drone Operations and International Law: Airspace Sovereignty, the Prohibition on the Use of Force, and the Unwilling or Unable Doctrine | International Journal of Law Management & Humanities
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Research Paper Volume 9 Issue 3 2410 - 2415 June 13, 2026
Cross-Border Drone Operations and International Law: Airspace Sovereignty, the Prohibition on the Use of Force, and the Unwilling or Unable Doctrine
AS
Arindam Sood
Lead author
AS
Adity Srivastava
Co-author
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Arindam Sood
Student at Symbiosis Law School, Pune, Maharashtra, India
Co-author
Adity Srivastava
Student at Symbiosis Law School, Pune, Maharashtra, India
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Abstract
This critical research article examines the tension between the principle of exclusive airspace sovereignty under Article 1 of the Chicago Convention and the prohibition on the use of force under Article 2(4) of the United Nations Charter. In the context of cross-border drone operations against non-state actors, this article interrogates whether such operations constitute independent violations of sovereignty or amount to unlawful uses of force. The analysis entails the distinction between breaches of territorial sovereignty and armed attacks while critically evaluating the legal status of the ‘unwilling or unable’ doctrine. The two competing hypotheses examined are: H₀ — whether cross-border drone strikes violate airspace sovereignty; and H₁ — whether such actions may be reconciled with international law under limited conditions.
Keywords Article 1 of the Chicago Convention Article 2(4) of the United Nations Charter cross-border drone operations sovereignty unwilling or unable doctrine
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 3, Page 2410 - 2415
Creative Commons
This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.
Introduction
The principle of territorial sovereignty has remained a cornerstone of public international law since its inception, entailing a State’s exclusive authority over its land, territorial waters and airspace.[1] This principle is codified in Article 1 of the Convention on International Civil Aviation (‘Chicago Convention’), which affirms “complete and exclusive sovereignty over the airspace above its territory.”[2] In