Accession Number:

AD1031418

Title:

The Drone Court And Due Process

Descriptive Note:

Technical Report

Corporate Author:

Naval Postgraduate School Monterey United States

Personal Author(s):

• McManus,Sheree J.

Report Date:

2016-12-01

Pagination or Media Count:

103.0

Abstract:

In the aftermath of 911, the U.S. Congress passed the Authorized Use of Military Force AUMF, which established the authority of the president to use force to protect the United States from threats against the homeland. This authority allowed the president to use drones, even against U.S. citizens on foreign soil who have been deemed terrorists and placed on the kill list. The current process lacks procedural due process. These flaws have prompted critics to argue that a drone court should be created to address this concern. This thesis explores the issue of the drone court and asks, if one were created, what form should it take How should it look The thesis employs a policy options analysis to review three possible judicial forums for hearing these cases the Foreign Surveillance Court FISC, Guiora and Brands hypothetical Operational Security Court OSC, and the Combatant Status Review Tribunal CSRT. Five criteria were evaluated oversight of the executive branch, transparency, timeliness, judges and legal representation, and legalprocedural review. The OSC had the best evaluation because it supported procedural due process. However, policies will need to be implemented to ensure that OSC legal procedures are timely.

Descriptors:

• drones
• law enforcement officers
• international law
• terrorists
• public policy
• united states government
• national security
• nato
• military operations
• surveillance
• military tribunals
• criminal justice system

Subject Categories:

• Pilotless Aircraft
• Sociology and Law

Distribution Statement:

APPROVED FOR PUBLIC RELEASE