S.J. Quinney College of Law Professor Amos Guiora’s ‘drone court’ proposal has received response from several international law experts:
A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving a fair amount of media and blog attention. The chapter differs from some prior calls for a “drone court” in seeing the Foreign Intelligence Surveillance Court (FISC) not as a model, but rather as a lesson in what not to do–a “non-starter,” in the authors’ words. Nevertheless, the chapter argues, we need a special “Operational Security Court” (OSC) comprised of already sitting Article III district and circuit judges (selected through a far different process from FISC judges) to strike the right balance between the government’s need to protect operational (and national) security and the rights of those targeted for drone operations to contest their targeting (through security cleared lawyers) ex ante.
University of Utah law professor Amos Guiora is pushing for another step before the U.S. government or military could decide to kill a terror suspect with a drone. In a proposal to be published in 2015, Guiora and a colleague are pushing for what they call a “drone court.” – Associated Press