RES/25/22 Ensuring use of remotely piloted aircraft or armed drones in counterterrorism and military operations in accordance with international law, including international human rights and humanitarian law

GE.14-13624

*1413624*

Human Rights Council Twenty-fifth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Resolution adopted by the Human Rights Council

25/22. Ensuring use of remotely piloted aircraft or armed drones in counter- terrorism and military operations in accordance with international law, including international human rights and humanitarian law

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations, in particular Article 2, paragraph 4 thereof,

Reaffirming the Universal Declaration of Human Rights, which recognizes the right to life, liberty and security of person, among other rights,

Reaffirming also the principles enshrined in the Vienna Declaration and Programme of Action,

Reaffirming further the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,

Recalling General Assembly resolution 68/178 of 18 December 2013 and Human Rights Council resolution 19/19 of 23 March 2012 on the protection of human rights and fundamental freedoms while countering terrorism,

Expressing deep concern at the civilian casualties resulting from the use of remotely piloted aircraft or armed drones, as reflected in the reports of the Special Rapporteur on the protection of human rights and fundamental freedoms while countering terrorism to the General Assembly1 and to the Human Rights Council,A/HRC/25/59.

Expressing concern at the broader impact of remotely piloted aircraft or armed drones on individuals, children, families and communities, including the interruption of

1 A/68/389.

education, the undermining of religious and cultural practices and the reluctance to assist the victims of drone strikes for fear of being caught in secondary strikes,

Reaffirming that the promotion and protection of human rights for all and the rule of law are essential to the fight against terrorism and to recognizing that effective counter- terrorism measures and the protection of human rights are not conflicting goals, but are complementary and mutually reinforcing,

Reaffirming also that all counter-terrorism measures should be implemented by States in accordance with their obligations under international law, including international human rights law, international humanitarian law and international refugee law, thereby taking into full consideration the human rights of all, including persons belonging to national or ethnic, religious and linguistic minorities, and in this regard must not be discriminatory on grounds such as race, colour, sex, language, religion or social origin,

Takes note with appreciation of the reports of the Special Rapporteur on the protection of human rights and fundamental freedoms while countering terrorism, presented to the Human Rights Council at its twenty-fifth session,2 and of the Special Rapporteur on extrajudicial, summary or arbitrary executions, submitted to the General Assembly at its sixty-eighth session,A/68/382.

Welcoming the statements made by the Secretary-General on 13 August 2013, and of the United Nations High Commissioner for Human Rights to the Security Council, on 19 August 2013, and to the Human Rights Council at its twenty-third session, on 27 May 2013, and at its twenty-fifth session, on 3 and 6 March 2014, on the use of remotely piloted aircraft,

Commending the role of civil society organizations in highlighting the humanitarian and human rights impact of the use of remotely piloted aircrafts or armed drones,

1. Urges all States to ensure that any measures employed to counter terrorism, including the use of remotely piloted aircraft or armed drones, comply with their obligations under international law, including the Charter of the United Nations, international human rights law and international humanitarian law, in particular the principles of precaution, distinction and proportionality;

2. Calls upon States to ensure transparency in their records on the use of remotely piloted aircraft or armed drones and to conduct prompt, independent and impartial investigations whenever there are indications of a violation to international law caused by their use;

3. Invites the United Nations High Commissioner for Human Rights and relevant special procedures of the Human Rights Council and the human rights treaty bodies to pay attention, within the framework of their mandates, to violations of international law as a result of the use of remotely piloted aircraft or armed drones;

4. Decides to organize an interactive panel discussion of experts at its twenty- seventh session on the issues raised in the report of the Special Rapporteur on the protection of human rights and fundamental freedoms while countering terrorism, from within existing resources, and invites the Office of the High Commissioner to liaise with States, relevant United Nations bodies and agencies, relevant special procedures, civil society and other stakeholders with a view to ensuring their participation in the panel discussion;

5. Requests the Office of the High Commissioner to present a summary of the deliberations of the panel discussion at its twenty-eighth session.

55th meeting 28 March 2014

[Adopted by a recorded vote of 27 to 6, with 14 abstentions. The voting was as follows: In favour:

Algeria, Argentina, Botswana, Brazil, Chile, China, Congo, Costa Rica, Cuba, Gabon, Indonesia, Ireland, Kazakhstan, Kenya, Kuwait, Maldives, Mexico, Morocco, Pakistan, Peru, Philippines, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, Venezuela (Bolivarian Republic of), Viet Nam

Against: France, Japan, Republic of Korea, the former Yugoslav Republic of Macedonia, United Kingdom of Great Britain and Northern Ireland, United States of America

Abstaining: Austria, Benin, Burkina Faso, Côte d’Ivoire, Czech Republic, Estonia, Ethiopia, Germany, India, Italy, Montenegro, Namibia, Romania, United Arab Emirates]