Kamikaze drones: reflections on international humanitarian law in view of the war between Russia and Ukraine (2024)

Abstract

Development of new weapons systems such as drones has led to a new weapons revolution, irreversibly altering the way modern wars are conducted. Drones are taking shape as a key element in current armed conflicts, with parties tending to a systematic use of them. An example of this drift can be seen in the use of drones, and especially of kamikaze drones, in the conflict between Russia and Ukraine. This new type of single-use drone, halfway between missiles and typical drones, has its own characteristics that make it a new weapons system worthy of analysis. This study aims to clarify if these new weapons are capable of respecting International Humanitarian Law and its general principles. To carry out such a study, the starting point has been to delimit the concept of kamikaze drones, from a technical point of view, and to show its use in the conflict between Russia and Ukraine, then analyzing them considering legally binding texts and the main doctrinal developments linked to International Humanitarian Law. As a result, it can be seen that, in view of the use of kamikaze drones made by Russia and Ukraine, these new weapons can be used in a way that respects general principles of ius in bello, as long as certain precautions are made, although there are notable doubts when it comes to FPV-type kamikaze drones.