Abstract:

With the active use of unmanned aerial vehicles in armed conflicts, there are growing concerns about the legal basis for attacks, the identification of targets, the public disclosure of civilian casualties, and the conduct of impartial and effective investigations. For these reasons, lack of transparency is crucial in operations using drones. International humanitarian law does not impose a clear transparency obligation on states. However, there is a trend in the international community towards transparency. This article explores the legal foundations of the transparency obligation in international humanitarian law. It is argued that the duty to respect, ensure respect and investigate in Common Article 1 of the Geneva Conventions provides a basis for the obligation of transparency. The right to effective remedy and the right to truth are examined in the article as they create a trend towards the obligation of transparency. Given the importance of the duty of transparency in ensuring the rule of law, the research results of this article aim to provide a legal basis for transparency in international humanitarian law.

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