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2020/14

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Reparations for Drone Warfare: Compensating Extrajudicial Killings

This article presents a new, uniform way of compensating victims of U.S. drone strikes abroad.  First, it highlights a gap in existing jurisprudence that would allow victims of drone strikes abroad to access U.S. courts if the strike in question was enacted by pri-vate military contractors.  The Political Question doctrine typically prevents victims of extrajudicial killings from assessing blame on government action; however, this creates a dual liability regime that disadvantages private military contractors and private companies. To avoid inhibiting innovation in drone technology and targeting, a new system is needed.

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