56) Such a broadening of ABDP operations could take place in a situation in which a country fails to take adequate steps to stop the flow of illegal drugs from inside its borders, leading to the implementation of nonconsensual shootdown operations over that State's territory.
However, this is not to imply that every killing, even those conducted in ABDP shootdowns, is a violation of that right.
It therefore follows that ABDP shootdown operations require some form of due process.
Peru and Colombia have found no need to put forth any such international justification for their ABDP shootdown operations.
As the legal position that offers the strongest justification for the use of weapons against civil aircraft, one can see that it would be desirous for ABDP countries to classify these operations against drug trafficking as a form of selfdefense, thereby not only justifying the use of force against civil aircraft, but also justifying the use of force in general without the consent of other States.
As such, while it would be a good defense in some shootdown situations, self-defense is a poor fit when looking for international justification for ABDP shootdowns.
Senator Kerry, in the 1994 debates over the ABDP, stated his belief that an Article 89 would go so far as to relieve a State of all international wrongfulness relating to a shootdown.
The application of distress as a justification for ABDP shootdowns is troublesome.
During the debates on the 1994 ABDP immunity amendment, Senator Sam Nunn stated that there was to be found in international law a "national security" exception that would justify the shootdowns.
It is therefore necessary to apply the elements of necessity to the facts of ABDP shootdowns to determine if this defense is available in these cases.
In addition to the steps that are needed to ensure the proper identification of target aircraft in order to keep the operation in compliance with human rights norms, several steps can be taken to ensure that other States are aware of the threat and can take action to protect their flights that might enter countries engaged in ABDP shootdowns.
This is another factor that helps to place the balance of interests in favor of a limited shootdown operation in South America under a necessity analysis, and that provides a potential legal justification for ABDP shootdowns using a necessity defense.