THE passage of a unanimous resolution by the United Nations General Assembly (UNGA) calling for regulating the use of remotely piloted droneaircraft against suspected terrorists has intensified the ongoing debate on the legality of such US strikes in Pakistan. The passage of the resolution coincided with hearing of a contempt of court petition related to the same issue in Peshawar High Court on Dec 19.

The resolution, in which Pakistan played an important role, is in line with the guidelines given by the high court in its important judgment delivered in May 2013 wherein it had declared drone strikes as war crime and asked the government to raise the issue on the UN platform.

The General Assembly has adopted the resolution calling on states using drone strikes as a counter-terrorism measure to comply with international law.

This is the first time that the General Assembly has spoken on the use of drone strikes, a controversial component of the US war against terrorism which hasbeen drawing flak from different human rights organisations.

The General Assembly highlighted the need for an agreement among member states on legal questions about drone operations.

The resolution called upon states to ensure that any measures taken or means employed to counter terrorism, including the use of remotely piloted aircraft, comply with their obligations under international law including the Charter of the UN human rights law and international humanitarian law in particular the principles of distinction and proportionality.

The government of Pakistan has hailed the resolution and intends to move a similar resolution in the next session of the UN Human Rights Council in Geneva.

While a resolution passed by the General Assembly is recommendatory in nature and has no binding effect, legal experts believe that it has no binding effect on the member states like a resolution passed by the UN Security Council.

Article 10 of the UN Charter states: `The General Assembly may discuss any questions or any matters with-in the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.

While the issue of drone strikes remained under discussion during last couple of years, the debate on its legality increased after the reported killing of a wanted militant and chief of Tehreek-i-Taliban Pakistan Hakeemullah Mehsud in a drone strike in North Waziristan on Nov 1.

Subsequently, another drone strike took place in Hangu district, Khyber Pakhtunkhwa, on Nov 21 reportedly resulting in killing of important militants.

Recently, an organization, Foundation of Fundamental Rights (FFR), has filed a contempt of court petition before the high court asking for proceedings against the government functionaries for not implementing the guidelines set by the court in its judgment. The FFR was one of the four petitioners which had challenged the drone strikes in Pakistan.

A two-member bench headed by Chief Justice DostMohammad Khan on Dec 19 issued notice to the foreign secretary, asking him to explain why the guidelines had not been followed. When the bench was hearing the case at that time the General Assembly had not passed the resolution.

While the chief justice pointed out that government had tabled resolution in the General Assembly, the petitioner`s counsel had stated that the government had been using delaying tactics.

The high court in its earlier judgment had ruled that drone strikes were a blatant violation of basic human rights and against the UN Charter, the provision of Geneva Conventions and were thus held to be a war crime.

The court had directed the government to take up the matter seriously before the Security Council and in case it was vetoed then an urgent meeting of the General Assembly be requisitioned through a written request.

It seems that the issue of drone strikes would now remain in focus on national and international level provided that the government also intensifies its efforts in this regard.