The Obama administration has released its internal guidelines for how it decides to kill or capture alleged terrorists around the globe, three years after they came into effect. They provide a look at the drone war bureaucracy behind hundreds of strikes in Yemen, Pakistan, Somalia and elsewhere, a system President Obama will hand off to his successor.
The guidelines show the process is concentrated at the White House, specifically in the National Security Council. They also describe the process for approving so-called signature strikes, where the target of the strike is not a known “high value terrorist,” but rather some other “terrorist target,” which could be a group of people exhibiting suspect behavior, or a vehicle, building or other infrastructure.
Amid all these procedural details, however, the presidential policy guidance, or “playbook,” as it has been called, does not provide new insight into when, where, and under what authorities someone can be killed, or what kind of intelligence is necessary to make that decision.
Much of the document, which is dated May 22, 2013, echoes public statements by administration officials over the past several years and previously-released material. The general standards for killing terrorist targets away from active battlefields were made public that May, when the president gave a speech and issued an abbreviated version of the guidance, promising that the United States would only undertake lethal action against a terrorist if they posed a continuing, imminent threat to U.S. persons, and if capture was not feasible.
It took a lawsuit by the American Civil Liberties Union to get the full 18-page version of the guidance declassified, with some redactions.
“This document doesn’t tell us anything new about the substantive standards that they use to determine if someone can be targeted,” said Jameel Jaffer, deputy legal director of the ACLU. “We’d hope that they’d fill out what they mean by ‘continuing’ and ‘imminent,’ or ‘feasible’ or ‘unfeasible.’”
In a statement, the ACLU also questioned how the document’s “relatively stringent standards can be reconciled with the accounts of eye witnesses, journalists, and human rights researches who have documented large numbers of bystander casualties” from drone strikes.
According to the guidance, each operating agency – the CIA or the Defense Department – prepares “operational plans for taking direct actions,” whether strikes or captures, in different situations. Those plans undergo a legal review by the agencies’ general counsels and a legal adviser to the National Security Council, and then are considered by a circle of advisers at the White House known as the Principals and Principals’ Deputies Committees, made up of the heads or deputy heads of the Departments of State, Defense, Justice, and Homeland Security, as well as the CIA, Joint Chiefs of Staff, and the National Counterterrorism Center.
The plans must include legal, tactical and policy rationale for undertaking the strike, what kind of “strike and surveillance assets” would be used, and how long the authority to take action would remain in place. Once the committee arrives at its decision on the plan, it is communicated to the president for his final approval.
The guidance indicates that the president does not have to sign off on individual names of high-value targets to be killed, unless there is disagreement within the National Security Council. If the individual is a U.S. person, the Justice Department needs to weigh in.
If an agency wants to nominate an individual to be killed, they make a profile of them based on intelligence reporting, which is reviewed by an interagency panel led by the White House counterterrorism adviser, currently Lisa Monaco. Again, the profile passes through lawyers at the agency and at the National Security Council before going to the Deputies Committee and ultimately the Principals Committee for a final decision.
Although the process indicates a high degree of control in the White House, generally speaking, the actual operation is still carried out under the command of the military or CIA.
A similar process is followed for approving plans for strikes against “terrorist targets other than high-value terrorists.” The section seems to address “signature strikes,” in which the United States has attacked people without knowing their identity. The examples given in the policy guidance include vehicles carrying improvised explosive devices, or “infrastructure, including explosives storage facilities.” For an actual strike, it appears from the guidance that the Principals Committee and the president get involved only when there is disagreement about the operation.
If the suspect is to be captured, a rare occurrence under Obama, the president also approves the plan. Among the various considerations going into a decision to capture someone, such as how and where they would be detained and interrogated, and if they could be tried in civilian court or military commission, one thing is spelled out clearly: “In no event will detainees be brought to the detention facilities at the Guantanamo Bay Naval Base.”
The process laid out in the guidance is more detailed but does not differ substantially from the one described in a 2013 Defense Department Power Point presentation published by The Intercept last fall, although that document included additional information on how the military carried out its strikes in Yemen and Somalia at the time. For instance, the presentation included the detail that once a target was approved by the White House, the military had a 60-day window to pursue the operation.
The newly-issued guidance does not specify how long authorities for given operations last, although it mentions that the case against individuals on the list for lethal strikes must be reviewed each year. It also notes that if “a capture option” becomes possible at any point, there should be an expedited reevaluation of the authority to kill them.
The Defense Department also released two heavily redacted documents describing its implementation of the policy guidance, along with a letter to the Senate from 2014, stating that the Pentagon considers the Taliban, the Haqqani Network, and other groups fighting alongside them against U.S. forces in Afghanistan to be “associated forces” of Al Qaeda, along with Al Qaeda in the Arabian Peninsula, which operates in Yemen. Some portions of the list of associated forces and all the groups considered “affiliates” of Al Qaeda are blacked out.
Associated forces would fall under the 2001 Authorization for Use of Military Force, which became law just a week after 9/11, and which the administration has used to justify 15 years of lethal operations in many countries. Yet the White House process, the Pentagon document notes, involves a “target-by-target analysis” of legal authorities, and groups not currently identified as associated forces could still be targeted if a new situation arose. The guidance also includes a large waiver for the president to disregard it in cases of “national self-defense,” “fleeting opportunities,” or even to authorize a strike against someone who posed a threat “to another country’s persons.”
The guidance does not apply to operations in “areas of active hostilities,” which the administration currently defines as Iraq, Syria, and Afghanistan. A White House spokesman, Ned Price, pushed back on reports that strikes in the Federally Administered Tribal Areas of Pakistan, along the border, are not covered by the guidance, but would not clarify whether in some instances strikes in the border region might fall into the administration’s definition of active hostilities.
The guidance is one more exhibit in the Obama administration’s institutionalization of counterterrorism strikes, by drones and other means, far from conventional battlefields. Last month, the White House released casualty figures for such strikes during Obama’s presidency, stating that as many as 2,600 people had been killed in 473 strikes in 7 years. The administration believed that between 64 and 116 of them were civilians – a number disputed by outside observers, who put the total number of civilians harmed between 200 and 1000.
Even as the frequency of drone strikes, especially by the CIA, has declined markedly in the last years of Obama’s presidency, the practice has not ended. The U.S. military hit a Taliban leader in a strike in Pakistan in May, also killing a taxi driver. Strikes in Yemen have been more frequent, and there were two massive attacks in Yemen and Somalia in March killed dozens of alleged fighters.
Under Obama, light footprints abound, leaving deep pools of blood in their wake.
Another general observation about the actual PPG….
Section 5B states that the President as “Commander in Chief” can even waive the so-called “due process” standards in ordering the assassination of anyone he considers a “terrorist” threat.
According to PPG, NSC plays a large role in the process. That’s rather convenient, since it is exempt from both congressional scrutiny and disclosure under FOIA.
The problem with “international law” is that it’s basically a collection of “international suggestions.”
Since there’s no real international government (the UN can’t enforce anything, for example), countries that adhere to treaties like Geneva are basically operating on the honor system.
Unfortunately, the extent to which nations bother to adhere to international protocol mainly depends on how hard they want to win. The tendency for countries to honor their pledge not to bomb innocents also rests on whether the bad press outweighs the benefits. Neither Germany or the US cared much for the original Hague Convention when they entered World War II.
And, of course, the US has often chosen to ignore Geneva, often explicitly (i.e. the “torture memos”)
Another feature of the PPG is that it doesn’t make a clear distinction between policy and legal questions. It also seems to elevate political/policy considerations over legal ones.
The PPG employs the self-defense rationale; the UN charter only mentions other countries when discussing this right; not terrorist groups. None of the countries where these drones operate attacked the US. At the same time, these countries are not the targets of drone strikes; terrorists seeking sanctuary IN those countries are. In some ways, international law in its current state does not really address this problem effectively.
The PPG sanctions targeting a person who poses a “continuing, imminent threat,” not just to “U.S. persons,” but also to “another country’s persons.” This 2011 DoJ white paper, says a US citizen can be killed even without “clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.” (https://fas.org/irp/eprint/doj-lethal.pdf) Um, how does that comply with the “imminence” requirement?
The PPG never defines “high-value terrorists.” There must also be assessments that “the relevant governmental authorities… cannot or will not effectively address the threat to U.S. persons” and “no other reasonable alternatives to lethal action exist to effectively address the threat to U.S. persons.” The document contains no definition of “threat to U.S. persons.” And how would there be a threat if U.S. persons were not present in countries where they do not belong?
Julius, I couldn’t agree more with the questions you raise. By hiding all definitions like for the terms “imminence” and “threat to US persons” the agenda is to allow broad leeway to interpret them as they wish. This furthers the objectives of perpetual war with deadly consequences to both rule of law and leads to the killing of innocent bystanders.
You said, “None of the countries where these drones operate attacked the US. At the same time, these countries are not the targets of drone strikes; terrorists seeking sanctuary IN those countries are. In some ways, international law in its current state does not really address this problem effectively.”
When there is a gap in any law, as you suggest there might be in international law, there are ways to deal with it. You look at precedents and principles of international humanitarian law and come up with laws to fill the gaps.
You are right in your observation that none of these countries attacked the US. I would say your statement about US attacking individuals in these countries not being under attack is wrong. In fact the countries are defined as geographic locations with their own jurisdictions. The people living in those jurisdictions can not be attacked with attacking that country violating it’s sovereignty. There are international standards already in place on how to deal with someone in another country’s jurisdiction.
We can’t just attack the country with drones. And kill anyone around the target in order to get to them claiming they are not wearing uniforms or are hiding amongst innocent civilians or living with their family.
Again we will have to go back and get a definition of what is imminent and what’s meant by an attack on US persons? And follow the law to apprehend the suspects in accordance with international humanitarian law without killing innocent people. Yes this is a different type of conflict and its been mislabeled a war because of the hidden agenda to promote a perpetual war for the benefit of the MIC and war profiteering corporations.
There needs to be a framework that’s setup to deal with the unique aspects of this type of terrorist threat and it needs to be based on the norms of International law and based on protection for innocent people.
Drones are Not the answer.
Thanks for that. The legal justifications for drone strikes outside of a conventional battlefield all seem pretty vague and up in the air; the PPG only reinforces this impression. It does not necessarily clear this issue up.
Regarding the terrorist groups seeking sanctuary in Yemen, Pakistan and Somalia. Some of these are foreigners, some citizens of that country. They’re also fighting the governments of those countries and killing their civilians, often through terrorist tactics. Obviously, the cleanest way to deal with these groups is through local security forces.
If these countries want to formally invite US intervention, they can certainly do so legally (i.e. French intervention in Mali, or US intervention in Iraq) But, as you and others have pointed out, these “secret agreements” governing drone strikes are all too fuzzy and secretive. Their basis in international law is rather controversial at best.
On how the CIA facilitated nuclear weapons proliferater A Q Khan, I could go on posting more links and extracts.
In this day and age, when anyone simply has to google “us support of pakistan nuclear weapons” and “a q khan cia” to find all this material, as I did, it is astonishing how establishment propagandists continue to attempt to mislead here and elsewhere with false narratives.
One more link because its special.
Valerie Plame Wilson and the A. Q. Khan Nuclear Proliferation Network
http://www.historycommons.org/timeline.jsp?aq_khan_nuclear_network_tmln_counterproliferation_officials=aq_khan_nuclear_network_tmln_plame_wilson_brewster_jennings&timeline=aq_khan_nuclear_network_tmln
Huh.
Well, that’s pretty interesting.
On how the CIA facilitated nuclear weapons proliferater, I could go on posting more links and extracts.
In this day and age, when anyone simply has to google “us support of pakistan nuclear weapons” and “a q khan cia” to find all this material, as I did, it is astonishing how establishment propagandists continue to attempt to mislead here and elsewhere with false narratives.
https://www.corbettreport.com/the-cia-and-the-nuclear-black-market-eyeopener-preview/
The CIA and the Nuclear Black Market
“James Corbett
BoilingFrogsPost.com
October 20, 2011
The AQ Khan nuclear network was first introduced to the public in early 2004, with Abdul Qadeer Khan’s dramatic televised confession to the Pakistani public that he had participated in selling nuclear technology, including bomb-making designs and equipment, to countries including Iran, North Korea, and Libya.
Right from the beginning, the sensational nature of the network and its eventual discovery, a tale of international intrigue and shadowy spy craft, seemed tailor-made for headline-grabbing reports, or sensationalistic BBC docudramas.
By now, much has been reported on the Khan network and its eventual unraveling. As is typical with these events, a popular understanding has emerged around the early reporting on the subject, one that suggests that Dr. Khan was working essentially off the radar and out of sight of the intelligence agencies whose very existence is predicated on identifying such threats long before they develop.
And as is also typical with these events, that popular understanding is completely wrong.
In fact, as we now know, Khan and his network were known, identified, surveilled, funded and even protected by the CIA from its very inception.
In 1974, Abdul Qadeer Khan offered his services to the Pakistani government to help them develop a nuclear bomb. Within a year, he was already under investigation by the BVD, a Dutch intelligence service. The BVD informed the CIA that they were going to arrest Khan for passing nuclear secrets to Pakistan, but the CIA told them to let him continue his operation. According to former Dutch Economic Affairs Minister Ruud Lubbers, “The Americans wished to follow and watch Khan to get more information.”
Around the same time the NSA began monitoring a group of German and Swiss companies supplying high-tech parts for developing nuclear weaponry. According to a Seymour Hersh report for the New Yorker in 1993, the companies’ “telexes and facsimile transmissions were routinely intercepted and translated for signs of nuclear trafficking with Pakistan.” Through their efforts, American intelligence agencies were able to obtain the floor plans for Kahuta, the nuclear enrichment plant that Khan’s network was helping to build, before it had even been constructed. Once Kahuta was online, the CIA was able to obtain firsthand information about its day-to-day operations.
In the mid-1980s, a CIA analyst named Richard Barlow learned of an attempt by a Pakistani businessman to purchase equipment for its nuclear program for an American company. The deal involves well-known Pakistani government operatives and so a sting was set up in a bugged hotel room to catch them in the act. However, two high-ranking US government officials, one identified as Deputy Assistant Secretary of State of Near East Affairs, Robert Peck, tipped off the Pakistanis about the sting and the main target, a retired brigadier in the Pakistani army, didn’t show up. Barlow and others in the Agency demanded an inquiry into the blatantly illegal activity, but the investigation was dropped. When he tried to tell the truth about what happened during a Congressional hearing, he was denounced by his own manager and eventually forced out of his position.
Richard Barlow appeared on the Boiling Frogs Post podcast in 2009 to discuss the details of his case.
**EXCERPT
There were numerous other intelligence operatives, spies and moles in the so-called Khan network.
Mohammed Farooq, the uncle of the network’s so-called Chief Financial Officer, cashed a cheque from the Iranian Atomic Energy Agency in 1987. Both a Pakistani military source and Khan himself have identified Farooq as a CIA agent. No effort was ever made by the US to locate Farooq after the unraveling of the network.
One of the families that helped establish the network in the mid-1970s, the Tinner family of Switzerland, have recently been identified as CIA operatives in the network. In 2010, it was announced that the long investigation into the Tinner’s role in the nuclear black market has been hampered by the fact that the Swiss government itself destroyed numerous documents relating to their case, including plans for nuclear weapons and technologies, at the insistence of the CIA.
In 2000, the network was independently discovered by a diligent British Customs investigator, Atif Amin, who uncovered its activities in Dubai. When he went to his bosses with the evidence, his investigation was shut down. When his story made its way into a book in 2007, his home was raided on the pretence that he had broken the Official Secrets Act. After a two-year ordeal of official persecution, Amin finally saw justice in 2010 when the British government announced they had found no evidence whatsoever that he had leaked any sensitive information.
Earlier this week, I had the chance to talk to Pulitzer-nominated journalist Joseph Trento, Editor of DCBureau.org and the co-author with David Armstrong of America and the Islamic Bomb: The Deadly Compromise, about an article he wrote last year about Atif Amin’s extraordinary story.
**EXCERPT
Inevitably, however, as happens every time that an intelligence operation leads to some catastrophic result, the “incompetence theory” is trotted out as a way to explain what happened.
The underlying assumption is that the intelligence agencies, although necessarily engaged in underhanded dealings, are only staffed by agents and headed by officials who are only interested in the well-being of the country’s national interests, and the entire affair is blamed on the stupidity of those involved.
So, too, in the Khan case, it is argued that the CIA, despite infesting every layer of this plot, somehow remained completely oblivious to Khan’s efforts to proliferate these weapons to North Korea, Iran, and Libya until it was already too late,
The assumption that the agents involved in these operations and the officials overseeing them are working in the best interest of their country, however, bears closer scrutiny. There is a long, documented history, of the United States arming its enemies, a practice that is later used as justification for military intervention in those same areas that it is dealing with.
There is also the question of what happens when the politicians in charge of monitoring these programs are not acting in their country’s interests.
One of the proponents of the “incompetence theory” in this “accidnetal” arming of America’s enemies is David Albright, president of the Institute for Science and International Security. In his 2010 book, “Peddling Peril,” Albright argues that lack of monitoring and political will was ultimately responsible for Khan’s proliferation. One of the officials he credits in the book’s Acknowledgements section is Marc Grossman, the US Special Envoy to Afghanistan and Pakistan and the former Ambassador to Turkey.
In her 2009 testimony under oath, FBI whistleblower Sibel Edmonds confirmed that Grossman was in fact on the payroll of some of the very groups involved in the nuclear black market, and that Grossman had hindered CIA efforts to penetrate that market.
So in the end, we have to ask ourselves what this all means.
While there is no doubt that there are many dedicated and honest professionals in the western intelligence establishment, why is it off limits to raise the possibility that some people in key positions have their own vested interests in working against the national security interests of their country and in favour of such strategies as nuclear proliferation to enemy states?
What progress can those on the outside of these matters possibly make in investigating these events if every act of cover-up, obstruction and obfuscation on the part of officials, even acts that form part of an identifiable pattern, are chalked up to stupidity?
Is this a fruitful avenue of research or a way of conveniently closing down investigations of accusations of specific acts of treason committed by people in positions of power?
Given the active involvement and penetration of seemingly every level of the Khan network by the intelligence agencies in a decades-long “sting operation” that ended with nuclear technology being transferred to enemies who the US have long been clamouring for an excuse to go to war with, is it time to ask how much control the CIA really has over the nuclear black market, and whether this is all more than a mere question of “incompetence”?”
Whistleblower revealed CIA’s complicity with AQ Khan’s nuclear design thefts
https://nuclear-news.net/2013/05/23/whistleblower-revealed-cias-complicity-with-aq-khans-nuclear-design-thefts/
“Amongst the many pieces of evidence that come together to paint this picture of American involvement in helping to protect and even foster Khan’s proliferation network is the extraordinary story of former CIA analyst Richard Barlow, who, as a specialist in counter-proliferation in the 1980s, had a chance to discover and expose the shocking truth: that elements in the highest levels of the intelligence community, the state department, and even the White House knew about Pakistan’s procurement activities but actively turned a blind eye to them.
Shortly after joining the CIA in the mid-1980s, Barlow began amassing reams of evidence related to Pakistan’s nuclear activities. He quickly discovered, however, that senior government officials were actively working to suppress this information in direct violation of national and international proliferation protocols.
In the most egregious incident, Barlow and US Customs carefully developed a sting operation to catch Arshad Pervez, a Pakistani businessman, and Inam ul-Haq, a retired brigadier from the Pakistani army, attempting to purchase materials for a uranium centrifuge from a Pennsylvania company. Pervez was arrested, but ul-Haq, the main target, never arrived. Later, Barlow discovered cables proving that ul-Haq had been tipped off about the sting by high-ranking officials extremely close to the White House. Although the State Department did their best to cover up the incident, Congressman Stephen Solarz secured a closed congressional hearing on the issue at which Barlow was meant to testify about what had happened.
As Barlow told the Boiling Frogs podcast back in 2009, however, no one was interested in him actually telling the truth about what had happened.
Barlow bravely stuck to his guns and refused to mislead Congress on the details of what he had uncovered. As his reward, those offices in charge of America’s covert war in Afghanistan lined up to try and have him fired. Ultimately, he was vindicated: the Pakistani agents from Barlow’s sting operation were convicted and the Solarz Amendment was triggered. Immediately, however, Reagan issued a national security waiver and, in the words of Seymour Hersh, told Pakistan “that it could have its money and its bomb.”
Realizing he was now a marked man, Barlow left the CIA and took a position at the Pentagon, beginning work in the Pentagon’s Office of Non-Proliferation Policy on January 1, 1989 under incoming Defense Secretary Dick Cheney. Despite the fact that the Afghan war was over and the Cold War was all but finished, however, it wasn’t long before he encountered the exact same pressures as before with regards to Pakistan’s nuclear program. This time, the attempts to cover for Pakistan’s nuclear capabilities centered around a $1.6 billion General Dynamics contract for F-16s.”
Drones are just one challenge we face in this era. The distinction between war and peace has blurred. International law has not kept up with this blurring very well.
Drones make operating in this grey area quite easy. Humanity has always tried to find ways to kill from a distance, without much risk. There’s also the individualization: instead of firebombing cities we now target individuals. People object to targeted killings. Would they rather have untargeted killings?
At the same time, the small scale and secrecy of these strikes shields it from public accountability.
These problems won’t go away over time.
One interesting aspect of the PPG is that it appears to be the only one of its kind. Obama’s standard practice for national security-related directives is the “Presidential Policy Directive.” However, the drone guidelines are just “guidance.” Does that mean they don’t carry the same weight? Apparently so; the actual wording of the document allows a lot of leeway.
Another release that has been overlooked is a 2014 DoD document that explains how the government defines “associated forces’ disappointingly, the names of the targeted groups are redacted. Um, why? That’s not suspicious at all. Talk about over-classification.
We still don’t know where the PPG applies, what its standards mean in practice, and how the government evaluates whether the standards have been adhered to. The document lays out some principles, but the way the document is written, does not match them with the procedures. There seem to be many ways to bypass both the letter and spirit of the PPG.
Drone bombings should be illegal outside of war zones if they aren’t already. As far as I am concerned drones are weapons of war and should be restricted to war zones. Using terms like zones of hostility and active or inactive hostillities is all smoke screens.
I don’t trust the executive branch to be making decisions to kill people and have Terror Tuesday parties. We don’t have a king we have a president.
And that president can’t act like the king of the world.
We have eroded our own institutions of justice and shredded our Constitution for supposed security needs and in doing so are committing crimes against humanity by killing innocent people.
Rule of law applied through the correct channels as in the court system is a much better way to go.
Nobody, not even @Hans Weiler answered my question –
Has Pakistan ever EXPLICITLY given its consent in a signed memorandum of some sort?
The only known “agreement” I have seen referenced is the statement from Parvaiz Musharraf, ex-Pak military dictator saying in TV interviews and in his biography that George Tennet said we will bomb you to stone ages of you [Pakistan] don’t cooperate.
Well, there’s also this:
http://www.cnn.com/2013/04/11/world/asia/pakistan-musharraf-drones/
I don’t see any mention here ( http://edition.cnn.com/2013/04/11/world/asia/pakistan-musharraf-drones/about ) about a signed Pakistani memorandum giving its consent. Do you see it.
Drone strikes in these countries might be legal under certain circumstances. I personally doubt they’re effective.
Treating terrorists as combatants is a mistake. It dignifies criminality by according these bastards the status of soldiers. These terrorists target innocent civilians. By treating them as combatants we accord them a mark of respect and dignity. Last time I checked, al-Qaeda never signed the Geneva conventions, or respected the lives of civilians. The Third Geneva Convention even says that signatories need not apply it to all parties.
Also, in order to be recognized as legitimate combatants, the Hague regulations require irregular units to “be commanded by a person responsible for his subordinates; to have a fixed distinctive emblem recognizable at a distance; to carry arms openly; and to conduct their operations in accordance with the laws and customs of war.” Al Qaeda obeys the laws and customs of war?
Still, if we want to degrade these groups, we have to deny them legitimacy. Thus, military measures should be employed as a last resort. If we label terrorists combatants, that would mean they would get away with attacking US military facilities—al-Qaeda’s attacks on the USS Cole and the Pentagon would thus be perfectly legal. The term “criminal” is a much more appropriate term.
Likewise, attacking these groups with drone strikes threatens to legitimize them. If these groups ever become a for-real insurgency, and the host government permits it, then I see no obstacles to America deploying either drones or JSOC there. But only if they explicitly, publicly permit it. The actual agreements between the US and these countries on the use of drones have been reported and commented on. If they really exist, they should be more public, more formalized.
Other than, treating this as a war is too dangerous. Pakistan faces a serious threat from al-Qaeda and Taliban militants in the FATA, and the US seems to think Pakistan’s response is ineffective, and is concerned, to say the least, about ISI’s ties to the Haqqani network and other militants. If the Pakistanis can reach a consensus on the legality or illegality of these strikes, their decision should be respected, and the necessary consequences faced. If the Pakistanis think US drone strikes help degrade TTP (as Islamabad appears to believe), they should make their approval more formal. Pakistan’s strategy is confusing at best. Support the Haqqani network? Why? And how will Pakistani support degrade Haqqani’s alliance with al-Qaeda, ISI, and TTP? With such a muddled and self-defeating strategy, I can see why the US would turn to drone strikes. Pakistan has a big-ass nuclear arsenal and is home to more international terrorists than any other damn country.
Likewise, the success of the drone war in Yemen seems hard to judge. If it’s not working, or if the US government does not believe it is working, it wouldn’t need to legally justify it. It would find a way out. In the short-term the program has succeeded in killing AQAP leaders, but actually investigating the war is difficult given the chaos there now. The program appears to be quite unpopular among Yemenis. With a civil war underway, however, drones are the least of their concerns; Saudi airstrikes are far more indiscriminate. The fact that corrupt Yemeni leaders consent to such attacks will not make the populace any happier. But the Yemeni parliament’s opposition will likely have no effect; the country is at war now, anyway.
And what’s the point of the Islamabad-Washington alliance? The US is attempting to prop up a corrupt, oppressive government of an impoverished hellhole. Could the Taliban do a worse job? Why treat it like a war? Terrorism does not represent an existential threat to any stable society. Only failed states are in danger here.
Unfortunately, there is no way out now. Targeted killing against terrorist networks is like mowing the grass. I think we should restrict these operations to conventional war zones when we can. On the other hand, would we rather keep these networks on the move and force them to disperse, or should we take the risk of them operating in an established safe haven?
One big robot, mowing the grass, forever.
“The actual agreements between the US and these countries on the use of drones have been reported and commented on. If they really exist, they should be more public, more formalized.”
This I agree with. If these exist, where are these?
“Pakistan has a big-ass nuclear arsenal and is home to more international terrorists than any other damn country.”
And who helped Pakistan accumulate its big-ass nuclear arsenal and its band of international terrorists? Correct answer – The US more than any other damn entity.
Um, it did?
Pakistan’s nuclear program was actually a source of tension between the US and Pakistan since the 1970s. As I recall, A.Q. Khan was the founder of Pakistan’s nuclear program. The US first found out about the program during the Carter administration, and negotiated with Pakistan in an unsuccessful attempt to scale it back.
Then, of course, the Reagan administration ignored the program in exchange for Pakistani cooperation during the Afghan jihad. And then imposed sanctions once the Russians were out.
And America helped Pakistan acquire its terrorist proxies? Not ISI?
“Then, of course, the Reagan administration ignored the program in exchange for Pakistani cooperation during the Afghan jihad.”
There. even your limited admission proves what I said. And there was more American support than that.
see http://www.counterpunch.org/2009/06/24/how-the-u-s-has-secretly-backed-pakistan-s-nuclear-program-from-day-one/
http://nsarchive.gwu.edu/nukevault/ebb531-U.S.-Pakistan-Nuclear-Relations,-1984-1985/
“The United States and the Pakistani Bomb, 1984-1985:
President Reagan, General Zia, Nazir Ahmed Vaid, and Seymour Hersh
Declassified State Department Documents Disclose Internal U.S. Government Debate over Whether to Enforce “Red Lines” for Nuclear Activities in Pakistan, and Worries about an Indian “Pre-Emptive Strike”
Fears about “Upsetting US-Pakistani Relations” May Have Led State Department to Influence Outcome of Nuclear Smuggling Trial of a Pakistani National, ACDA Official Said
Department Memoranda Depict Reporter Seymour Hersh’s Persistent Efforts to Acquire Intelligence Information on Pakistani Nuclear Smuggling
National Security Archive Electronic Briefing Book No. 531″
This looks like worth a thorough read.
An excerpt
“In July 1984, U.S. customs agents arrested a Pakistani national, Nazir Ahmed Vaid, at Houston International Airport for trying to purchase krytrons–useful for triggering nuclear weapons—and smuggle them out of the United States Some months later, Vaid was found guilty of violating export control laws, but a plea bargain produced a light penalty: deportation. Months later, journalist Seymour Hersh wrote a major article about the Vaid case for the New York Times and quoted a U.S. government official who said that the State Department had been “blasé” about the case.
Declassified documents, published today by the National Security Archive for the first time, portray State Department officials on the defensive in their discussions with Hersh, denying his implication that the Department “had deliberately tried to soft-pedal” the case. Other officials were not so sure. Arch Turrentine, a senior official at the Arms Control and Disarmament Agency (ACDA), conceded that State “may have been reluctant to push too hard … for fear of upsetting US-Pakistani relations.” According to Turrentine, “we should do better next time.””
From http://www.counterpunch.org/2009/06/24/how-the-u-s-has-secretly-backed-pakistan-s-nuclear-program-from-day-one/ by ANDREW COCKBURN
““If the worst, the unthinkable, were to happen,” Hillary Clinton recently told Fox News, “and this advancing Taliban encouraged and supported by Al Qaeda and other extremists were to essentially topple the government … then they would have keys to the nuclear arsenal of Pakistan.” Many will note that the extremists posing this unthinkable prospect were set up in business by the U.S. in the first place. Very well buried is the fact that the nuclear arsenal that must not be allowed to fall into the hands of our former allies has been itself the object of U.S. encouragement over the years and is to this very day in receipt of crucial U.S. financial assistance and technical support.
Back in 1979, Zbigniew Brzezinski, intent on his own jihad against the USSR, declared that the “Afghan resistance” should be supplied with money and arms. That, of course, required full Pakistani cooperation, which would, Brzezinski underlined, “require a review of our policy toward Pakistan, more guarantees to it, more arms aid, and, alas, a decision that our security policy toward Pakistan cannot be dictated by our nonproliferation policy.” In other words, Pakistan was free to get on with building a bomb so long as we could arm the people who have subsequently come back to haunt us. Asked for his views on Pakistan’s nuclear ambitions, Ronald Reagan replied “I just don’t think it’s any of our business.” During the years that the infamous A.Q. Khan was peddling his uranium enrichment technology around the place, his shipping manager was a CIA agent, whose masters seem to have had little problem with allowing the trade to go forward.
Now comes word from inside the Obama government that little has changed. “Most of the aid we’ve sent them over the past few years has been diverted into their nuclear program,” a senior national security official in the current administration recently told me. Most of this diverted aid — $5.56 billion as of a year ago – was officially designated “Coalition Support Funds” for Pakistani military operations against the Taliban. It may be that this diversion came as a terrible shock to Washington, but the money has been routinely handed over essentially without accounting being required from the Pakistanis. The GAO has huffed at items such as the $30 million shelled out for non-existent roads, of the $1.5 million for “naval vehicles damaged in combat” but that was as far as public complaints went. In the meantime, as Joint Chiefs Chairman Admiral Mullen confirmed recently, the Pakistanis have been urgently increasing their nuclear weapons production.
A former national security official with knowledge of the policy explained this insouciance to me. “We want to get in there and manage [their nuclear program]. If we manage it, we can make sure they don’t start testing, or start a war.” In other words, the U.S. is helping the Pakistanis to modernize their nuclear arsenal in hopes that the U.S. will thereby gain a measure of control. The official aim of U.S. technical support, at an estimated cost of $100 million a year, is to render the Pakistani weapons safer, i.e., less likely to go off if dropped, and more “secure”, meaning out of the reach of our old friends the extremists.
However, in pursuit of this objective, it is inevitable that the U.S. is not only rendering the warheads more operationally reliable, we are also transferring the technology required to design more sophisticated warheads without having to test them, a system known as “stockpile stewardship.”
Conceived after the U.S. forswore live testing in 1993 as a means to “test” weapons through computer simulations, this vastly expensive program not only ensures the weapons’ reliability (at least in theory) but also the viability of new and improved designs. In reality, the stewardship program has been as much a boondoggle for the politically powerful nuclear laboratories at Livermore and Los Alamos as anything else, so outreach in the form of assistance to the Pakistanis in this area can only gratify our own weaponeers.
“If you’re not confident that weapons are safe to handle, you’re more likely to keep them in the basement,” says nuclear command and control expert Bruce Blair, President of the World Security Institute. “The military is always pressuring to deploy the weapons, which requires an increase in readiness.” In 2008 Blair himself was approached by the Pakistani military seeking advice on means to render their weapons more secure. Their aim, he says, was clearly to render their nuclear force “mature,” and “operational.” In the same way, says Blair, a few years ago an Indian military delegation turned up at the Russian Impulse Design Bureau in St. Petersburg, to ask for help on making their weapons safer to handle. “They said they wanted to be able to assure their political leadership that their weapons were safe enough to be deployed.”
Pakistan’s drive to build more nukes is an inevitable by-product of the 2008 nuclear cooperation deal with India that overturned U.S. law and gave the Indians access to US nuclear technology, not to mention massive arms sales, despite their ongoing bomb program.
The deal blew an enormous hole in the Non-Proliferation Treaty, but initial protests from congressional doves were soon smothered under human-wave assaults by arms company and nuclear industry lobbyists. The Israelis lent additional and potent assistance on Capital Hill. Not coincidentally, Israeli arms dealers, promised a significant slice of the action, have garnered at least $1.5 billion worth of orders from Delhi. (The respected Israeli daily Haaretz has highlighted Indian media reports that the bribes involved totaled $120 million.) Nuclear power’s handmaiden, the global warming lobby, was also a wellspring of ardent support, led by Rajendra Pachauri, the Indian railroad engineer who is Chairman of the Intergovernmental Panel on Climate Change which shared Al Gore’s Nobel prize.) Even the Dalai Lama was drafted in to use his influence with impressionable members of congress.
The consequent success in overturning a longstanding arms control treaty, which in turn has led to the U.S. extending a helping hand to India’s nuclear rivals in Pakistan, should only be seen as the wave of the future. Instead of foaming at the Iranian nuclear program, we should be standing at the ready to oversee their design of safer, more reliable nukes, and after that, who knows? North Korea’s bomb probably need work too.”
What are you talking about?
Regarding the nuclear agreement, the US ignored Pakistan’s nuclear activity, then re-imposed sanctions once Pakistan outlived its usefulness. You seem to think I’m denying this.
And I never said anything about a SIGNED agreement. I said if such an agreement DID exist, it should be made public.
“And I never said anything about a SIGNED agreement. I said if such an agreement DID exist, it should be made public.”
And I agreed with you on the above.
On CIA responsibility for the development of Pakistan nuclear weapons, see the various links and extracts I have posted here,
Thanks.
I’m aware of the Dutch case, although I don’t want to get too heavily into it here, given the subject of the above article. Apparently the CIA wished to monitor Khan. According to Lubbers, the CIA told him to block Khan’s access to Urenco’s secrets; he also states that the Agency did this as a favor to Pakistan. Likewise, the CIA appears to have recruited the Tinners of Switzerland to penetrate the network; the Tinners reportedly gave the CIA intelligence regarding Libya and Iran’s nuke programs and A.Q. Khan’s proliferation network.
And yes, the Reagan administration turned a blind eye toward Pakistan’s nuclear effort despite the Pressler Amendment. To keep Pakistan as an ally, the US certified Pakistan as “nuclear-free” despite the evidence to the contrary. Once the Soviets left, America’s motivation to bend the law disappeared, and the sanctions were imposed.
The fact that the US waited until Pakistan outlived its usefulness before deciding to enforce the amendment was, of course, not lost on Islamabad.
@Erik Prince
Are you the real Erik Prince?
Not the one you’re thinking about :)
“Why did the CIA resist the arrest of Dr. Abdul Qadeer Khan?” at http://canadafreepress.com/2006/ludwig032306.htm
” Over the last few months, this story has taken a new twist. Ruud Lubbers, a former Dutch prime minister, revealed in August 2005 that the Netherlands was prepared to arrest Abdul Qadeer Khan 30 years ago. Dutch authorities came close to arresting Khan twice, first in 1975 and later in 1986, but the CIA requested that they let him act freely. This revelation is embarrassing to both the CIA and Dutch minister of Justice P. H. Donner, who was previously asked about possible CIA action concerning Khan, and told parliament ”that nothing of the kind has happened. The CIA had nothing to do with it”.
Dutch intelligence had suspicions that Khan was stealing nuclear secrets in the Netherlands. They began to monitor him as soon as he arrived at the Physical Dynamic Research Laboratory. However, according to Lubbers, the country’s security agency asked the Ministry of Economic Affairs in 1975, then headed by him, not to act against Khan. “I think the American intelligence agency put into practice what is very common there; just give us all the information. And do not arrest that man; just let him go ahead. We will have him followed and that way gain more information,” Lubbers told VPRO Argos Radio in an interview.
The CIA’s pressure against the Dutch authorities and its handling of Kahn’s activities resulted in a disaster. Khan skilfully outplayed the CIA, manoeuvred around the international export controls of the IAEA, and acquired all the equipment needed for the fabrication of the A-bomb. Dr. Kahn would later recall: “My long stay in Europe and intimate knowledge of various countries and their manufacturing firms was an asset. Within two years we had put up working prototypes of centrifuges and were going at full speed to build the facilities at Kahuta.”
Lubbers said that, while he was Prime Minister in 1983, Dutch authorities could have reopened the case after the verdict was quashed. Once again, the Dutch authorities did not do so because of US pressure. “The man was followed for almost ten years and obviously he was a serious problem. But again I was told that the secret services could handle it more effectively,” Lubbers said. “The Hague did not have the final say in the matter. Washington did.”
The State Department declined to elaborate about Lubber’s remarks2. “It is not something that I feel we really have anything to say about because it deals with events long in the past, it deals with intelligence matters and for those reasons, I don’t have anything to say about it.” US State Department Deputy spokesman Adam Ereli said.
Lubbers suspects that Washington allowed Khan’s activities because Pakistan was a key ally in the fight against the Soviets. At the time, the US government funded and armed mujahideen such Osama bin Laden. They were trained by Pakistani intelligence to fight Soviet troops in Afghanistan. Anwar Iqbal, Washington correspondent for the Pakistani newspaper Dawn, told ISN Security Watch that Lubbers’ assertions may be correct. “This was part of a long-term foolish strategy. The US knew Pakistan was developing nuclear weapons but couldn’t care less because it was not going to be used against them. It was a deterrent against India and possibly the Soviets.”
By September 10 2005, this story had taken yet another new twist. The Amsterdam court, which sentenced Abdul Qadeer Khan to four years in prison in 1983, has lost Khan’s legal files. The court’s vice-president, Judge Anita Leeser, suspects the CIA had a hand in the documents’ disappearance. “Something is not right, we just don’t lose things like that,” she told Dutch news show NOVA. “I find it bewildering that people lose files with a political goal, especially if it is on request of the CIA. It is unheard of”. She had asked to see Dr. Kahn case files several years ago but they had disappeared from the archive.
Mr. Lubbers admitted that succumbing to CIA pressure was a mistake but emphasized that in the cold war era “you had to listen to the Americans”. Lubbers also claimed that Dr. Khan continued to “slip in and out of Holland illegally” and the CIA knew about it. Regrettably, the fact that the CIA forbade the Dutch secret service to arrest Khan allowed him to become, in the words of President George W. Bush, the “primary salesman of an extensive international network for the proliferation of nuclear technology and know-how”. Dr. A. Q. Khan is blamed for selling nuclear secrets to Iran, North Korea and Libya but the CIA bears a significant share of the responsibilities for the worst case of nuclear proliferation in history.”
Excellent. We now have evidence of how careful and reasonable Obama is when deciding who to murder, and how and when to murder them.
Show me someone who insists that the US has an effective counterterrorism strategy. In response, I will show you someone who draws a paycheck from the federal government.
Remote killing outside of war zones has become business as usual. Or rather, outside of war zones where US troops are directly engaged. The Nobel Peace Prize winner Barack Obama has now been at war longer than any other American president.
If targeted killings of questionable legality have been so attractive to a so-called liberal law professor, who opposed the war in Iraq, ended the CIA’s enhanced interrogation methods, and announced his intent to close Gunatanamo—-well, then it seems unlikely that Obama’s successor will impose too many limits on the drone program.
All kinds of countries are now deploying armed drones, even Pakistan. Interestingly, the US has not claimed the power to kill “terrorists,” but only those on the other side in an armed conflict authorized by Congress against al-Qaeda and its associates. The power to kill the enemy in armed conflict is as old as time.
Nor has Obama explicitly authorized the use of drone strikes “anywhere,” but only in war zones and, outside war zones, only where terrorists pose an “imminent threat” that cannot otherwise be dealt with. Nor does Obama choose targets on his own, and he has, via the PPG pretty much taken personal responsibility for all deaths.
Of course, prior to this, John Brennan claimed that not a single civilian death had occurred from drone strikes, proving that it’s not only terrorist groups that spread propaganda. At the same time, drones kill relatively few civilians when compared to other weapons platforms, or ground troops.
In another sense, the done’s reputation for “precision” is what also gives critics their bite. If these drones are touted as “surgical” and “precise” why have civilians died? These deaths are attributable to many factors, such as the difficulty of identifying the enemy when he hides among civilians and refuses to wear a uniform. Likewise, in the real world, intelligence collection is never easy or risk-free. Civilian deaths from drone strikes have also dropped in recent years.
In any case, terrorists have historically not been defeated by military force alone, but also by isolating them from communities of support. The vast majority of al-Qaeda’s victims tend to be Muslims. Drones may also bee too tempting.
The PPG has been made public, but this might not be enough. Any succeeding president could rescind it—perhaps Obama should make it a formal executive order. Another problem is that the administration only provides casualty figures in the aggregate for seven-year period; this makes it impossible to compare the data with reports by other independent groups. A year-by-year record of the 2009-2015 strikes would be helpful, since this would allow us to evaluate the effect of Obama’s 2013 policy guidance. CENTCOM reports casualties on a strike-by-strike basis. Why can’t the US do that for drones?
Transferring these strikes to the military would be welcome, since it might result in greater transparency. However, it seems likely that JSOC would then assume a large role in the program, which, obviously, will not lead to more openness. Oversight should also be more formalized; in Israel, for example, such killings are always reviewed by courts after the fact. Why can’t the US do that?
Also, the US still has not explained who it has killed, the basis for the decision to kill, or the actual results of specific strikes.
The US is not treating its conflict with al-Qaeda as a law enforcement matter. It is treating it as a war.
A summary execution would only count as as such if we killed an enemy combatant in the act of surrendering, or if we executed him without trail after capturing them. Or if we deliberately killed a civilian without cause.
Regarding signature strikes and the MAM term, I can get why these might violate international law (reportedly, these sorts of strikes have, in fact, happened). Actual strikes on specific targets, probably not. Also, the US does not consider women and children “legitimate” targets, since they are not even targeted deliberately. Should we figure out some way to kill only known terrorists? Obviously, there’s no magic solution to this problem. Advances in drone technology tend to take this into account; better sensors, the development of the PGM, etc.
Also, regarding the 9/11 and the war on terror, the US has utilized both law enforcement and military means in its response. If the US decides to suspend all of its drone campaigns outside of active war zones, I’m sure it will be a popular move globally.
Likewise, the US does share intelligence that would lead to potential captures. However, in war-torn, lawless areas like the FATA, Somalia, or southern Yemen, these captures, by either JSOC or local forces, are not always feasible. I suppose the US could choose to do nothing, and I’m sure that a decision to abstain from deploying a drone will be a popular one. I don’t think it be one without costs in terms of the terrorist escaping.
And collateral damage in wartime is not murder.
FATA was not war torn until the current conflict in Afghanistan started. It was a tribal area.
OK, let’s immediately put a stop to all American drone strikes outside of a conventional war zone.
Peace will break out immediately. Civilian casualties will decrease sharply. Oh, wait, no. There will still be war, chaos, and terrorists that give even less of a shit about civilian casualties. And local governments in an even more panicked state.
Ah, well.
Interesting that the ACLU, which initiated this lawsuit, barely even dared to suggest that this program is immoral, illegal, and insane.
The administration has a habit of calling almost everyone blown to bits by Obama a “militant,” just because they happened to be bombed by Obama.
These straight faces by White House spokesmen are impressive.
Impressive how we can legitimize things completely insane and still look good.
I get why the US released the playbook and I’m glad that we now know more.
On the other hand, this might now turn into a guide for terrorists looking for a safe haven.
True.
Another observation: the actual PPG does not appear to have any requirement to establish criteria for assessing whether a capture is feasible. Maybe this is in the classified portion.
Also, according to the playbook, a nomination and approval process for targets other than identified HVTS exists. It does not explain this process. Section 5 appears to open some loopholes. The PPG seems to permit variations; the language regarding when these are permissible is pretty vague.
The PPG’s definition of “imminent threat” apparently “does not require the United States to have clear evidence that a specific attack on US persons or interests will take place in the immediate future.” Apparently a target can be considered an “imminent threat” for a long period of time, but a capture feasibillity assessment only evaluates the feasibility non-lethal option AT THE EXACT TIME a kill operation is planned.
Um, OK….
Neither American courts nor Congress appears to show much interest in the drone war, even after this release. The American public seems supportive enough, or indifferent.
Of course, there are plenty of international critics. In strategic terms, however, their criticism has had little effect. Many of the groups in question (amnesty HRW, etc.) also admit to concealing the identity of many of the supposed strike witnesses, for “security” reasons. This makes it hard to verify their allegations or even their existence—sometimes. How ironic, given that the government uses secrecy to justify its classification policies on national security grounds. (https://www.opensocietyfoundations.org/reports/death-drone)
The US has also admitted that “near certainty” of no civilian casualties is required. It’s reasonable to assume that those terrorists paying attention to these disclosures will now attempt to mingle more with civilians; the deaths of western hostages (Weinstein and Lo Porto) on the January 2015 drone strikes appears to be an early indication; their bodies were found intermingled with senior jihadist leaders. And civilian casualties do not amount to war crimes if they were not deliberately targeted. Likewise, it’s not like the only casualties in these regions come from US strikes; one estimate numbers around 3,000 deaths from US strikes in Pakistan from 2004 to abut 2013; in the same period about 40,000 civilians were killed in fighting between Islamabad, the Taliban ad al-Qaeda. Drone strikes are hardly unique in causing the trauma of these regions, or the deaths of civilians.
Also, according to Amnesty International, FATA residents are often intimidated into silence by militants (https://www.amnesty.org/en/latest/news/2013/10/usa-must-be-held-account-drone-killings-pakistan/?
Drone strikes have declined in recent years; recorded civilian fatalities have as well. While obviously civilian casualties should not be the only criteria to evaluate the program, they are often used by critics, probably for the emotional impact. And, on a basic level (and contrary to some assumptions) the notion of striking the enemy at a range beyond his ability to strike back is hardly new in the history of human warfare.
Drones are now far more proportionate than they used to be. Most of their weapons carry only a small twenty-pound warhead; some of them aren’t even explosive. It’s hard to imagine a weapon being tuned to incur less collateral damage, but I imagine that the technology will only improve as time goes on.
Also, has Pakistan ever EXPLICITY withdrawn its consent in a signed memorandum of some sort? Usually when Islamabad protests a strike it’s when the target is a leader they back or who they’re trying to negotiate with. Of course, there have been exceptions: like protesting the death of Hakeemullah Mehsud, leader of a brutal insurgency that killed tens of thousands of Pakistanis. Interesting. I’m sure Islamabad loves it when the US strikes its own enemies (like TTP or Baitullah Meshsud) They hate it when the US kills its own proxies (i.e. the Haqqani network)
Apparently Pakistan oftens sends official protests to the US embassy. Particularly, it sends “Notes Verbales.” These notes are prepared in third person and unsigned. It is not as formal as a letter of protest, and doesn’t actually carry any weight beyond signaling “dissatisfaction.” For a time the US even flew drones from Pakistani bases and enjoyed ISI cooperation, although apparently this practice has been dropped. Who knows if that’s really true?
“Also, has Pakistan ever EXPLICITY withdrawn its consent in a signed memorandum of some sort?”
Has Pakistan ever EXPLICITLY given its consent in a signed memorandum of some sort?
Uh, terrorists don’t identify themselves, do’t wear uniforms, don’t follow a conventional chain of command, and do not count as legal combatants under international law.
Hell, the Geneva conventions afford them even less protection than the Obama administration.
See? The Obama administration has a proven track record of transparency, opennness and speedy declassification.
Lol.
Hmpf.
So a system of procedural checks and balances housed under the roof of an single bureaucracy and shielded by secrecy can apparently ensure that only legitimate national security threats end up on our kill list.
How legitimate.
Releasing the PPG is an important step. As others have pointed out, it still leaves many questions unanswered. There are few key definitions and it doesn’t provide any insight into how (or whether) these procedures are being followed.
Interestingly, the procedures for approval are more restrictive when the proposed target is an HVT, and when the target poses “a continuing, imminent threat.” How does the US government define high-value? How do they define imminence? Plans can be modified if a “fleeting opportunity” presents itself. What definition of “fleeting opportunity” does the US operate under? And is there a difference between “fleeting opportunity” and “imminent threat”? The PPG states that “the United States prioritizes, as a matter of policy, the capture of terrorist suspects as a preferred option over lethal action” because capture offers the “best opportunity for meaningful intelligence… and disruption of terrorist threats.” Thus, there must be “an assessment that capture is not feasible at the time of the operation.” The document does not define “feasible.”
The PPG requires assessments that “the relevant governmental authorities… cannot or will not effectively address the threat to U.S. persons” and “no other reasonable alternatives to lethal action exist to effectively address the threat to U.S. persons.” The document contains no definition of “threat to U.S. persons.” And how would there be a threat if US persons were not present in countries where they do not belong? Are they referring to these terrorist groups’ ability to carry out attacks in other countries where a US presence is bigger? The list of minimum criteria to be considered in the “individual profile” of each suspect is totally redacted, leaving us to guess at the requirements for targeting an individual.
The US still tends to drag its feet when acknowledging civilian casualties. The guidance also details the process for writing up after-action reports. Will these ever be declassified? Even a summary of these reports would be helpful. Still, it seems that this release will make it harder for the next president to order targeted killings in near-total secrecy. I hope this proves to be the case. If Obama’s successor decides to withdraw this executive order and refuse to disclose casualties, he or she will have to explain why.
Likewise, the Obama administration has proposed to move the responsibility for drone strikes from the CIA to the military, where presumably there would be more openness about the program. This initiative appears to have disappeared from public view.
Nah. Let’s just end all drone strikes and leave Yemeni, Pakistani and Somali civilians to the relatively tender mercies of Islamist fanatics.
After all, these groups have a long history of respecting international human rights laws and the principle of national sovereignty.
Lol.
Tender mercies Mr. Shoaib are neither hellfire missiles nor IEDs blown up in bazaars.
Rule of law and due process protects everyone. If you child lived in the undesirable locations where these events happened you wouldn’t be advocating for indiscriminate killing either via drones or via IEDs.
The reduction of choice to only be between these two alternatives is the same false choice propagated on the American populace by the idea of having to pick between lesser of two evils.
Terrorists in a war zone are protected by due process? That’s pretty novel.
Everyone is protected by due process.
Especially people you can not distinguish from a drone not confirmed to be a HVT.
OR do you think terrorists now live in exclusive terrorist colonies like ants.
Collective punishment is not allowed under international humanitarian law. Bombardment of Gaza because some HVTs are there is illegal. For you maybe not?
Israel bombs Gaza for the sole purpose of killing HVTs?
And for testing new weapons, target practice etc.
Due process was a bevel idea and a cornerstone of American justice ideals not too long ago. The world doesn’t need American style democracy in fact we are fed up of lesser of two evils but it does need the true principles of justice like due process and innocent until proven guilty.
Americans don’t need big brother to be the judge, jury and executioner on American soil or off it whether foreign governments agree to it or not. It’s plain and simple against our cherished values and principles we hold dear.
*correction: novel not bevel
Another common justification for the strikes, other than the legalese, is the doctrine of self-defense.
Article 51 of the UN charter grants states the “inherent right of individual or collective self-defense if an armed attack occurs.” Individual self-defense is one country protecting itself; “collective” self-defense is when allies work together to defend one of them. The wording of article 51 seems to suggest an attack must occur first before defense becomes legal. But it’s widely accepted a state can act first where necessary to ward off imminent attack—one could look at Britain’s drone strike on the two British ISIS fighters, for example.
Article 51 also recognizes both individual and collective self defense. Individual refers to a state protecting itself; collective refers to a state defending an ally. The wording suggests that an attack must occur before defense becomes legal. However, it is also widely accepted that a state can act against “imminent” threats.
So is the plotting of al-Qaeda and al-Shabaab “imminent”? I think so—unless they’ve somehow suddenly decided to give up. “Imminence” is not about clock-watching; if al-Qaeda and its affiliates continue to plan and direct attacks, then it’s likely that they’re impending.
Should it be the law that the US (or Britain, etc.) know the precise date of planned attacks in order to properly stop them? Should a state only be obliged to prevent them “downstream” on their own soil? And if there are no US boots on he ground and local forces are incapable of action, should these countries idly stand by?
Likewise, there is plenty of reporting on the agreements between the US and the Pakistani, Yemeni and Somali governments. This puts the charge of US violations of other country’s sovereignty in a rather different light. Pakistan, for example, could easily demand that the US cease its strikes, and it has made statements along those lines; however, you should also look at these complaints in their immediate context. In many of the strikes that Islamabad protested, drone strikes unintentionally killed civilians and even Pakistani soldiers; the Pakistanis then backed down once the US issued an official apology for the respective incident. When anti-Islamabad insurgents were killed in US strikes, the Pakistanis have remained silent. Islamabad’s protests in the aftermath of the bin Laden killing were far stronger.
Self-defense and collective defense are not mutually exclusive; there is not necessarily a contradiction between them.
Also, the physical disconnect between a drone operator and his target makes it difficult to distinguish between targets and civilians. However, drones also operate where US troops cannot. Drones can also gather information on a target for extended periods before attacking; this allows the operator to abort a strike if the civilian-casualty risk is too high.
You said, ” it’s widely accepted a state can act first where necessary to ward off imminent attack”.
How did it become widely accepted? By pre-emptively killing indiscriminately those who are thousands of miles away. Imminent?
Indiscriminately?
There has never been an apology for any “collateral damage” casualty other than those of the western hostages in Yemen as far as I know. Enlighten us if you will please.
Would be worthwhile to find out how many times a strike was called off because of risk of risk to innocent civilians. But of course that might be classified? Works for Juliani I’m sure it works for all Big Brother supporters.
When falsehoods like 46 to a hundred something civilian casualties are pedalled around no one really buys that BS except people who like to eat shit.
For the most part, the PPG doesn’t tell anything new, other than the detailed, comprehensive procedural requirements necessary for drone strikes and capture operations.
The guidance is rather broad, but the President delegates capture decisions and personally handles kill decisions. If the principals can’t agree, the president decides anyway, and the writing of the document makes the president, through his decision, directly responsible for any deaths, civilian otherwise. Interesting. This is a far cry from the wink-and-nod “plausible deniability” era of Eisenhower and Kennedy.
RQ-1 Predator, MQ-9 Reaper….What, the FU-69 Flying Killing Machine is too subtle?
Also true.
The PPG lays out the standards. There is no attached, declassified assessment, review, or history of how these standards have been followed.
Another point: the playbook reveals NSC as responsible for “operational planning,” with “appropriate members of Congress” notified.
As suspected the drone program appears to be run exclusively by the executive branch; this also makes it convenient for dodging FOIA requests.
And, as noted, the statement that no new detainees will be moved to Gitmo is literally the only hard and fast prohibition. There doesn’t appear to be any judicial oversight for the program; it’s all policy, not legality.
The PPG could and should have been released sooner.
Apparenlty it “establishes the standard operating procedures for when the United States takes direct action, which refers to lethal and non-lethal uses of force, including capture operations, against terrorist targets outside the United States and areas of active hostilities.” It states that the “primary goal is to capture, not kill, any targeted individuals, that “lethal action should be taken in an effort to prevent terrorist attacks against U.S. persons only when capture of an individual is not feasible and no other reasonable alternatives exist to effectively address the threat.” The PPG adds that lethal action should not be punitive or a “substitute for prosecuting a terrorist suspect.”
Other than that, the language is pretty vague : “near certainty”, for example. This quotation would be laughable if ti weren’t for civilian deaths. Obviously, the authorization of these strikes will kill civilians who were not the intended targets.
Really, the US should call this illegal killing authorization procedure booklet something other than a “playbook” given that people get killed and this is not a video game.
Ugh, can we get back to the actual “playbook” for God’s sake?
America’s drone policy, while well-intentioned, is a recipe for disaster. The terrorists know all they have to do is hang around their families and other civilians. Obviously, this makes these strikes more difficult.
Likewise, if civilians are killed in these strikes, the targeted terrorists bear their own share of responsibility by failing to identify themselves. This principle of international law has a long history.
Thanks for that.
The playbook sets out some procedures for “nominating” targets. However, it also makes clear that the US can bypass these whenever it sees fit. particularly in situations where those in danger of a terrorist attack are not Americans but “another country’s persons.” Of course, we don’t know is such situations have ever occurred.
Of the four Americans killed by drone strikes, only Anwar al-Awlaki was the intended target.
Also interesting is the lack of discussion in these documents regarding signature strikes, as well as the so-called “rescuer” strikes targeting first responders.
Also, drones are becoming a strategy rather than a tactic. Likewise, US drone policy appears to be governed entirely by the executive branch. Obama has not pushed Congress to vote on a new, more specific AUMF. Congress does not appear too interested. And there is nothing to stop either Trump or Clinton from tightening or loosening Obama’s PPG.
Another problem is that drone technology is advancing at a pace that makes it difficult for the political and legal systems to catch up. And obviously transnational jihadist movements are here to stay. Policymakers are playing catch here, and the use of drones is becoming entrenched groupthink.
I’m sure more nations will begin following America’s example in the near future.
“Ugh, can we get back to the actual “playbook” for God’s sake?”
Translates as – Lets not discuss the legality or illegality of our “playbook” under International law, human rights laws, and under the Constitutional laws of various affected States including the US. Lets just not do that.
I’m not trying to be flippant. What else do you have to say about the actual playbook?
I’m not going to pretend to be uninterested. And I do not consider this enterprise a “video game,”nor does the administration; hence the playbook. That’s just perverse.
OK, this debate has little to do with the actual “playbook,” but fine. I’ll indulge.
A drone strike is not murder. The closest thing a drone strike comes close to is an act of war. The US is at war with a-Qaeda and its affiliates. The US cannot carry out an act of war against a foreign government if it is targeting an enemy of that government.
I’m personally opposed to drone strikes outside of the conventional battlefield, but I don’t necessarily think they’re illegal. There’s plenty of news reports about these agreements between the US and the host governments. These governments have not given the US carte blanche; they’ve restricted US strikes to certain areas, and are benefiting from the strikes since they’re fighting a mutual enemy. How are US drone policies “imperialist”?
If the US was rampantly overflying the entire expanse of these countries, attacking every target in sight regardless of where and who it was, then, duh, that’d be problematic, to put it mildly. But that’s not what’s going on here. One commenter keeps referring (by means of another comments-section spat) that these governments have never approved of these strikes; however, the original reporting on these agreeements hasn’t been retracted. There were the expected denials by the Pakistanis, but come on. The scope of the US drone program in the Bush years was very limited; Obama has wildly expanded the use of these strikes; hence the scrutiny and opposition. But Yemen, Pakistan, and Somalia are now at war; these drone strikes pale in comparison to the other violence rampant in these countries. If the US employed drones like the Saudis employed their bombers or al-Qaeda deployed its militants, the US would kill WAY more innocents.
Also, if one actually bothers to study the history of these strikes, a pattern emerges. Drone strikes were relatively rare in the Bush administration. The first US drone strike in Yemen took place in 2002—the next one took place in 2010. The first Pakistani strike was in 2004—the pace of strikes here was very low until 2008. And the first strike in Somalia took place in 2011. Overall, the pace is declining, for now.
Two questions, however:
1) What the hell is this al-Qaeda “database”?
2)How, exactly, do drone strikes violate the US constitution?
Thanks.
Face it, armed drones are here to stay. They’re cheap, they’ve taken al- Qaeda HVTs off the battlefield and they have degraded al-Qaeda’s capabilities (as bin Laden himself admitted in captured documents) of course drone strikes have led to civilian casualties, just like any other weapon of war. But the civilian death toll from drone strikes, while hard to pin down, is mild compared to that of conventional wars.
Likewise, al-Qaeda thrives in lawless safe havens where the forces of the US would be at risk and other governments’ forces are weak. Drones are the least worst option, and it seems that the US will soon lose its monopoly on drone warfare.
https://www.thebureauinvestigates.com/category/projects/drones/drones-graphs/
The only part of your comment I agree with is that “Face it, armed drones are here to stay.”
Yes, power rules, not international law or any other law for the matter. The US has destroyed the already fragile international law and when US droners under Obama and Hillary can violate the US Constitution with impunity, they obviously wouldn’t care about Constitutions of third world countries like Pakistan.
I won’t even get into Al Qaeda, whether it was just a database, whether it was responsible for 9/11, but lets look at your statement:
“But the civilian death toll from drone strikes, while hard to pin down, is mild compared to that of conventional wars.”
Is the US at war with Pakistan? If not, then how does this statement make any sense. And you admit that the US is not even counting the civilian deaths properly.
Like I said, the US is losing its monopoly on armed drones. If US actions are illegal, is Pakistan and the international community too weak to do anything about it?
Also, the era of conventional wars is over, is what I meant. The US considers itself at war with al-Qaeda, and seeks to deny the group safe haven through these strikes. The US is not fighting the Pakistani state. It’s fighting the Taliban and al-Qaeda. As is Pakistan itself.
Back to the actual PPG that was declassified….
I’m sure readers have noticed how vague the language is. What exactly does “near certainty” mean? how are targets chosen? The “fleeting opportunity” language includes several presidential waivers of criteria. Novel and unprecedented, indeed.
Also interesting: “In no event,” the document says, “will additional detainees be brought to the detention facilities at the Guantanamo Bay Naval Base.”
Would people be as upset about drone strikes if fighter jets were doing it? Or big-ass bombers?
The US would be able to do much less of this if it were using fighter jets or whatever you call big-ass bombers.
Drones do raise a new ethical issue, where technology is used against defence-less people to kill them from a distance like targets in a video game. Drones make the whole process more brutal, more callous, and more prone to error.
Really? Obviously drones aren’t any more “antiseptic.” But do they really make it any MORE brutal?
I mean, obviously civilians are still going to be at risk. There’s only so many ways to mitigate that. And there’s no reliable way to seize a dead terrorist’s “pocket litter” in the aftermath of a strike that happens to be successful.
On the other hand, a drone actually more advantages than a bomber. It shortens the “kill chain,” meaning a target can be identified and then struck immediately. Not necessarily an individual. Say, a truck full of weapons, or insurgents planting IEDs. Likewise, a loitering drone allows you to surveil a target for hours, which is useful when deciding on whether to carry out or abort a strike. Likewise, modern drone weaponry includes munitions that have as much explosive power as a grenade. And obviously they place no US personnel at risk. Drones are way cheaper, too, and the US is losing its monopoly on them.
Likewise, a drone strike may even lessen America’s reliance on the Yemeni and Pakistani militaries and on Somali militias. This can be convenient whenever some of their human rights violations or more indiscriminate bombing gets the world’s attention.
People like Ben Emmerson often argue that the US should focus more on terrorism’s root causes and address poverty, dictatorship, etc. That’s appealing, but how is anyone supposed to practically execute a strategy like that. The US has to meet both short-term AND long-term goals. Of course drones kill many civilians, just like any other weapon of war. Are the alternatives any better, though?
It also comes down to intelligence. A drone strike is only effective if your intelligence on the target is reliable. Obviously, since this is the real world, this can get pretty iffy. But would you rather have a B-52 carry out these strikes?
(Also, if the US, Pakistan, or Yemen has hard intelligence about the location of a suspected terrorist, who cares how defenseless he is?)
Your response only points out the benefits to the US in using drones. You have not addressed my point that for the occupants of the territory under drone attack, the use of drones make the whole process more brutal, more callous, and more prone to error.
With no US lives at stake, with no expensive fighter jets and big-ass bombers to lose. with no real account of the numbers of drone strikes, the numbers of people killed, and the extent of other damage caused, the US military and CIA can use drones with less accountability, more callously, more brutally, and without caring that they might have a wrong target. When was the last time a US General or CIA Director or anyone else was charged with murder or even negligence for targeting the wrong people using drones?
I honestly don’t see how it makes the process any “more” brutal. But maybe it doesn’t it make any less brutal, either.
If the US refused to deploy drones in Yemen, Pakistan, and Somalia, would these populations somehow revert to a more peaceful or less violent existence? Seems unlikely. Say the US reached such a decision, or that these governments somehow enforced a ban on such activity. If such a course was pursued:
1)Pakistan would still be fighting militants. Many of the Pakistani Taliban have begun moving out of the FATA into eastern Afghanistan. However, it has still launched attacks in Quetta and Baluchistan, for example.
2)Somalia’s government would still be war with al-Shabaab
3) The Yemeni government would still be at war with AQAP (and the Houthis)
Of course civilians are at risk whenever the US decides to utilize armed drones. But these countries aren’t exactly at peace, and the pace of American drone strikes has declined over the years. What “process,” exactly, are you referring to?
So the countries where the US currently deploys armed drones are already at war. An American decision to end its strikes there will be noticed by human rights groups, the media, politicians, etc. It will not make these countries, in their current state, any more peaceful. Nor can it be denied that the drones’ targets are enemies of both the US and the local governments.
Nor will there necessarily be less risk to the civilian population if the US puts an end to its drone war. Civilian deaths are always a concern, but al-Qaeda and al-Shabaab target civilians DELIBERATELY, unlike the US. Likewise, Saudi Arabia’s current air strikes in Yemen aren’t exactly known for being discriminate. And the countries where US drone operate are already plagued by war.
And as long as Washington decides to use the CIA and JSOC to carry out these strikes, there will, unfortunately, be little in the way of ideal public accountability anyway. And as long as the US treats its conflict with al-Qaeda as a war, as it currently does, there will be little incentive to view either terrorist targets or civilian casualties as “murder victims.” And as long as these terrorist groups thrive in lawless safe havens, there will be little realistic incentive to reduce America’s dependence on drone strike
The premise of your argument it sounds like is based on the “right” of US being the policeman of the world. There is no such right granted to any country. In fact it’s been the hallmark of all tyrants to claim that they have the biggest stick/gun.
Would we accept this type of unilateral action based on “intelligence” of other sovereign nations wanting to bomb targets in US soil?
Not to mention the completely faulty argument for signature strikes where there is no specific “intelligence” apparently but just the signature of what undisclosed criteria our security analysts may have come up with as signature terrorist behavior. It’s the end of due process, justice, and rule of law and we live in this brave new world not courtesy of USSR but USSA.
Welcome to the Brave New World. And if you think this will not happen on US soil to US citizens, or white people, just remember the analogy the people of good conscience stay silent when tyranny is committed in their name because it wasn’t themselves who were directly affected but it always comes home. It’s only a matter of time.
Um, the US does not employ drone strikes in countries because it feels it has the “right” to do so. These strikes are targeted against groups like al-Qaeda; these groups threaten both the US and the security of the countries they operate in.
According to this line of reasoning, the US drone war should be rapidly expanding all over the globe. Is it, though? These strikes have been limited to 1) active war zones 2) a very limited number of countries that have allowed it and imposed various restrictions on how the US can use them. Also, I never even claimed to be in favor of signature strikes.
You assert that the US government could employ US drone strikes against US citizens on American soil. Um, in what circumstances exactly? Has that ever happened before? Uh, no. If the US detected a terrorist threat on US soil, it would order an investigation; a successful investigation would result in an arrest and trial. Not a drone strike.
But, hey I can understand how the tinfoil hat crowd might buy into that.
Just to expose the absurdity of your arguments-
India is fighting militants in Kashmir – Some of them have ties to terrorists – So the US can just drone there?
India fought militants in Punjab – Some were terrorists – So the US could have just droned there?
India fought militants in its North East States – bomb attacks on civilians occurred – So the US could just have droned there?
So any country which is not fully at peace – the US can just drone there?
Who is Pakistan at war with?
And can the US just drone any country at war even if the war is not against the US?
I don’t see why the Administration didn’t release this earlier.
Exactly.
Meh. The US can apply all the rules they want. They didn’t stop JSOC from droning my ass, did they?
Much of these rules/guidelines have been disclosed before.
The standards set out here seem pretty stringent, even when compared to how the US typically employs conventional military force. “Nominating” a target for a drone strike sounds pretty creepy. It seems that the President personally decides whether or not to approve a kill operation, but delegates authority for capture operations.
Also interesting is what the guidance says about signature strikes. Most reports say these strikes are targeted against suspicious individuals based on their “pattern of behavior” rather than their known identity. However, according to this document these strikes include other military objectives, like IEDs or infrastructure.
Also, these rules apparently don’t apply in Iraq, Afghanistan and Syria.
Also true.
It is an odd document. Bullet 5 seems to reference foreign partners.
1H2 suggests the president may impose his/her own conditions on strike approvals That’s a crazy level of involvement from the President. The second footnote appears to give NSC staff a way to veto a Justice Department indictment. That’s interesting in light of the Awlaki strike.
Elsewhere it says that the US “provides training, funds, or equipment to enable a foreign government to capture a suspect.” It doesn’t say anything about captures by, say , JSOC. The second bullet seems to discuss foreign partner custody; bullet 4, however, presumes certain things might happen in detention that would make prosecution impossible. Torture? Kill decisions appear to come from the General Counsel of the agency conducting the strike. Does that mean there’s more than one “kill list”? The document also SPECIFIES that NSS forward target packages to the Deputies Committee. Does that mean the wrong packages got forwarded in the past?
Also, after action reports are submitted 48 hours after a strike; this seems to imply that these groups do not review larger, long-term questions like strategy.
Interesting how the rules for these strikes are being formalized. I’m not even sure these rules even add much in the way of oversight.
The policy guidance lays out the standards for these strikes, based on legal requirements like avoiding civilian casualties, but it doesn’t clearly say who gets counted as a non-combatant. It also presumes that captures are preferable to killings, and explains how targets are reviewed.
I’ve studied US executive orders in the past. I’ve heard of presidential findings, MoNs, etc. I’ve never heard of a “Presidential Policy Guidance” before. The document also seems designed to give the US leeway. It’s not even addressed or signed. Also, the document describes both policy AND procedures. As far as I know the US has mainly kept the two concept separate when it comes to issues like this.
The document claims to prioritize captures, but the document starts out with the procedures for lethal action. Interesting. Apparently the US government also assesses whether a capture is feasible only AFTER a kill decision is made.
This is the most novel legalese ever. I doubt the Pakistanis, Yemenis and America’s Somali allies aren’t in on this, though.
U.S.A. is Terrorist #1 at home and abroad.
http://www.asianage.com/international/pak-turns-china-over-us-drone-strikes-942
“Pakistan is once again banking on its most-trusted friend, China, for help to save it from unending US dronestrikes and to support Islamabad’s case before the world, official sources said.
The latest US drone strike, that killed Afghan Taliban leader Mullah Akhtar Mansour in Balochistan, prompted Pakistan to protest stronger than usual as Islamabad feared Washington could extend such attacks to other parts of the country.
Among Pakistan’s friends, China is the sole military power whose words are given some weight by the US.
China had mentioned in its April report on the US’ human rights record that drone attacks in Pakistan were a violation of basic norms.
The report said the US still “brazenly and brutally violated human rights” in other countries, treating civilians “like dirt”.
Airstrikes launched by the US in Iraq and Syria have killed many civilians. The US also conducted drone attacks in Pakistan and Yemen, causing scores of civilian deaths.
A senior official at the foreign ministry said China was contacted at the ministerial level seeking diplomatic help against US drone attacks as Washington showed no hints of ending the strikes.
“Like always China has promised to help in whatever way it can. Diplomatic support from a potential superpower will be helpful in efforts to curtail these strikes,” he added.
Another official said Pakistan’s allies in West Asia have been contacted by Prime Minister Nawaz Sharif and his diplomatic aides to make a case for Islamabad.
“If we can have a few countries with us, we can at least try to stop the US from hitting in Balochistan and (possibly) in the other provinces,” he maintained.
He said Pakistan was in contact with Washington in a bid to end the drone strikes. “Diplomatic efforts are on, but the US is still unmoved,” he maintained.
Last week, Chinese ambassador to Pakistan, Sun Weidong, said his country appreciated Pakistan for its successful efforts in fighting terrorism.
He urged the international community to acknowledge Pakistan’s sacrifices in the war against terror and extend full cooperation to completely eliminate this menace.”
So Pakistan is opposed to the drone strikes but is incapable of doing anything about it?
What do you suggest they do? Shoot down a US drone? How will the US retaliate?
Pakistan is like a battered wife when it comes to the US.
Recall, the CIA guy who murdered two Pakistanis in broad daylight? Pakistan was forced to let him go.
By the way all this was discussed by me in comments at https://theintercept.com/2016/07/18/would-turkey-be-justified-in-kidnapping-or-drone-killing-the-turkish-cleric-in-pennsylvania/
Nah. There’s no way the Pakistanis aren’t in on this. Besides, drone strikes in Pakistan have declined significantly and steadily since 2010. Sure, their concern might even be real, but these strikes are all in the FATA, aren’t they? I’m sure even ISI can find ways to tolerate these “crimes.”
Likewise, Raymond Davis did not “murder” anyone. The guys he shot actually attacked him first; probably robbers. Maybe ISI, but probably just criminals of some sort.
Can the ISI and the CIA reach secret deals allowing drone attacks in Pakistan? Will these be legal under the Pakistani Constitution. The answer is no. Can the Pakistan Army reach such secret deals with the Pentagon? The answer is still no?
So what is it about the FATA region that makes it legal for the US to violate Pakistani sovereignty in that region?
Oh, was Raymond Davis tried in a Court of law either in Pakistan or in the US where it was proved that Davis killed in self-defence?
So Pakistan is violating its own laws? The Pakistani government is powerless to rein in ISI?
The FATA is semi-autonomous; Islamabad’s authority was never very strong here, and after the US invasion of Afghanistan the Taliban and al-Qaeda made it a sanctuary. FATA inhabitants are also deprived of basic Pakistani legal rights/priviliges. Enforcing Pakistani law in the FATA is a difficult at best. I’ve heard that many Pakistanis don’t even consider the tribal areas a real, integrated part of their country; reportedly many Pakistanis have never even heard of the drone program there.
So, the US is still violating Pakistani sovereignty? I can get why they might be pissed about a strike in, say, Punjab. But the vast majority of strikes take place in the FATA. And Pakistan’s government seems cool with that.
Also, Davis was never tried because the Pakistanis agreed to release him in exchange for US blood money to the victim’s families; the judge then acquitted Davis of the charges. Why would the CIA send a contractor into a Pakistani city to kill criminals with a handgun? That happens in movies, not real life. If an American CIA officer draws a gun in public, he’s already lost.
The truth is probably this – Davis was never tried because the Pakistanis agreed to release him – under US pressure including from then Secretary of State Hillary Clinton.
The wives of both the men who Davis killed are incidentally both dead.
I agree.
Are you saying Raymond Davis wasn’t CIA? Well, that’s now established, proved and accepted even by US media. All these reports below accept that Raymond Davis was working for the CIA in Pakistan.
How a Single Spy Helped Turn Pakistan Against the United States http://www.nytimes.com/2013/04/14/magazine/raymond-davis-pakistan.html
http://www.economist.com/blogs/banyan/2012/05/raymond-davis-case
https://www.theguardian.com/world/2011/feb/20/cia-agent-lahore-civilian-deaths
You say “If an American CIA officer draws a gun in public, he’s already lost.”, – Well, CIA agent/ contractor Raymond Davis did draw a gun in public in a Pakistani city in broad daylight and did shoot dead two men.
Now the wikipedia extract I reproduced states what Pakistani intelligence believes about why Davis killed these men.
I don’t therefore know where you get this line from “Why would the CIA send a contractor into a Pakistani city to kill criminals with a handgun?”
Maybe Davis over-reacted. He murdered two ISI spies who were following him. Maybe he killed them because they posed a threat to a secret CIA mission he was on.
But it is clear from the evidence cited in Wikipedia, that he did not kill in self-defense.
I meant I agree with the notion that Pakistan released Davis under US pressure.
Regarding Davis’s CIA connections, the Agency confirmed to the media that he was a CIA contractor (the Telegraph even referred to him as “acting CIA station chief,” although I don’t know if that’s true).
Also, what I meant was that real-life CIA personnel rarely fire their weapons in a typical career; happens in Hollywood all the time, but in the real world firing a handgun in a foreign country is a great way to draw attention to yourself—especially in a situation like Davis’s. It didn’t work out too well for him or the US government, did it? It seems unlikely that Davis was sent into Lahore specifically to kill these people.
As for the people he killed, I don’t know who they were. Some reports say ISI, others say street thugs. Who knows?
“So Pakistan is violating its own laws?”
As is the US.
The Raymond Davis mystery courtesy Wikipedia
“Davis indicated in his written statement that the incident happened when he was coming from the Embassy, although the report from Pakistani police stated that the GPS record showed he was coming from his private residence at Scotch Corner, Upper Mall.[25] Davis stated that after withdrawing cash from a bank cash machine, he was driving alone in his white Honda Civic and had stopped at a traffic light near Qurtaba Chowk in the Mozang Chungi area of Lahore when two men pulled alongside him on a motorbike.[4][26] After one of the young men allegedly brandished a pistol, Davis opened fire and killed both of them with his own 9mm Glock pistol.[4]
The two men were identified as Faizan Haider, 22 years old and Faheem Shamshad (also known as Muhammad Faheem), 26 years old. Davis told police that he acted in self-defence. The police were unable to find any eyewitnesses to support Davis’s contention that the deceased men brandished a weapon. Police confirmed that Faheem was carrying a pistol at the time of the shooting.[27] According to the investigative officers, when Davis fired at Faizan and Faheem, they were sitting on their bike in front of his car with their backs towards Davis.[28] Davis shot them through his windshield. After the shooting, Davis is alleged to have exited his car to take pictures and videos of the casualties with his cell phone.[29] There are additional reports that Davis shot five rounds through his windshield, got out of his vehicle and shot four more rounds into the two men as they lay on the pavement.[30] The police report notes that both witnesses and Davis reported that Davis fired from behind Haider as Haider was running away.[citation needed]
Davis then radioed for backup. Minutes later, four men in a Toyota Land Cruiser with fake registration plates made an unsuccessful attempt to reach the scene.[4] Stopped in a traffic jam, the driver of the Land Cruiser jumped the median on Jail Road, traveled against the oncoming traffic. The Land Cruiser collided with a motorcyclist unconnected to the initial incident, later identified as Ebadur Rehman (also transliterated Ibad-ur-Rehman). Faizan Haider died at the scene, while both Faheem Shamshad and Ibad-ur-Rehman were taken to Services Hospital, Lahore and subsequently also died.[31][32] Security camera footage of the damaged vehicle after its fatal collision with Rehman were later shown on Pakistani Geo TV.[33] Pakistani official requested the U.S. to produce the men, who had come from the same suburban house where Davis lived and had the same diplomatic visas, for questioning, but the U.S. refused and the men left Pakistan.[3]
After the accident, the vehicle fled the scene and proceeded without stopping to the U.S. Consulate, jettisoning items outside Faletti’s Hotel. Police say they included four magazines containing 100 bullets, various battery cells, a baton, scissors, a pair of gloves, a compass with knife, a black coloured mask/blindfold, and a piece of cloth bearing the American flag.[4][34] Davis also attempted to leave the scene in his vehicle, but he was apprehended by two traffic wardens at Old Anarkali Food Street in Anarkali Bazaar and handed over to police.[4][29][35][36][37]
According to news sources, items recovered from Davis’s car included a Glock handgun, an infrared light, a portable telescope, GPS equipment, two cellphones, a satellite phone, 9mm ammunition, multiple ATM and military ID cards, and a camera containing pictures of “prohibited areas such as installations along the border with India”.[38][39] Pakistani media have also reported that Davis also carried multiple ATM and military ID cards and what was described as a facial disguise or makeup. The Pakistani official said Davis also carried identification cards from the U.S. consulates in Lahore and Peshawar but not from the U.S. embassy in Islamabad.[30]
Investigation
Police stated that the two men that were shot by Davis were carrying sidearms but that no shots were fired from these weapons. It is disputed whether the firearms were licensed or not.[40] A senior police officer has said that Haider had a criminal record and was previously involved in dacoity,[4][41] but neighbors, friends and family of the young men stated that they had no criminal records or history of illegal activity.[42]
The police officer in charge of the investigation, Zulfiqar Hameed, was initially reported as having said that eyewitness testimony suggested that the men were trying to rob Davis.[43] Later press statements from the Lahore Police Chief, Aslam Tareen, explain that police rejected Davis’s plea of self-defence precisely because of eyewitness statements. Tareen, describing the shooting as “a clear-cut murder,” explained that the self-defence plea “had been considered but the eyewitnesses, the other witnesses and the forensic reports, …showed that it was not a case of self-defence.”[44]
The Toyota Land Cruiser that killed Rehman had the fake number plates LZN-6970. Investigations have revealed that the car number was actually registered in the name of Sufi Munawwar Hussain, a resident of Sahiwal district in Punjab province.[45] The men driving the car were allegedly heavily armed and came from Davis’s suburban house, raising concerns amongst officials that they were also CIA. The men, who had the same diplomatic visas as Davis, left the country after the U.S. refused Pakistani requests to interview them.[3]
After the incident multiple Pakistani officials told ABC News that both men Davis killed were working for Inter-Services Intelligence and were following Davis because he was spying and had crossed a “red line”. This was initially denied by U.S. officials.[46] The Express Tribune also reported that the two dead motorcyclists were intelligence operatives, quoting a Pakistani security official who requested not to be identified since he was not authorized to speak to the media.[47] Pakistani officials alleged that Davis had travelled to the Federally Administered Tribal Areas and met with some people without the approval of ISI and therefore was being followed in an attempt to intimidate him.[48] Davis alleged that the men he shot were trying to rob him but the police delayed registering cases against Haider and Shamshad.[49]”
Are you that naive? I think not. To suggest that they were petty criminals would be naive.
I think they were most likely ISI. And the fact that Raymond Davis brazenly shot them down in broad daylight in the middle of a busy street and was only apprehended because the common citizens of Pakistan wouldn’t allow him to flee the scene of the murder but was later allowed by the Pakistani civil political leadership to escape the criminal justice-court system under the pretense of islamic law that allows compensation to the families of victims (but not without determination of guilt) without even a trial speaks volumes about who rules the world. The spineless behavior of those who hold the reins of power in these third world Muslim countries like Pakistan don’t even pretend when it comes to scenarios like this that they can’t even apply the law of the land in their own countries when the crimes are committed in plain view of hundreds of its citizens let alone shoot down drones operated by video gamers conducting “signature” strikes on its citizens without evidence killing whoever they please. A Brave New World indeed we live in.
You are right about one thing: “the Pakistanis are in on it” but not the common Pakistanis. It’s their political and bureaucratic elites who are in on it. And why wouldn’t they be in on it? They get to rule their country on the behalf of the imperial power of the day: USA!
They get to subjugate and pillage the resources of their country and live like kings ruling the peasantry.
It’s still a possibility, though.
Fact of the matter is, there is no evidence that they were ISI. As of now, nobody knows who the hell these people were.
And sure, it’s very possible that Islamabad was in favor of the deal. I’m not going to deny the fact that ordinary Pakistanis were pissed about it, and I can understand why.
Nick rule of law is the only thing that stands between chaos and order. I think you would agree. If people in the US would be investigated and and there is an assumption of innocence until proven guilty for US citizens then why does the same dictum not apply elsewhere? And by eroding this idea of due process abroad using US rule by drones to act as judge, jury, and executioner without regard for innocent victims even if they are families of the suspected militants we erode the rule of law and the confidence in justice system.
Laws are made so justice can be rendered, not so they can be selectively applied when convenient.
So the US should apply its own domestic civil laws intended for US citizens to a global military conflict with transnational terrorists?
As far as I can tell, American wars are governed by the law of armed conflict, and this principle has also been applied to al-Qaeda. Targets are selected based on intelligence and attacked accordingly. Are you saying the US should treat al-Qaeda combatants as domestic criminals when the conflict is taking place on a foreign battlefield?
Drone warfare is subject to international humanitarian law, meaning the US must distinguish between combatants and non-combatants, and do whatever IT can to minimize civilian casualties. I don’t think the “judge, jury executioner” label is applicable here, since the US is not summarily executing al-Qaeda terrorists for suspected crimes—it is targeting enemy combatants on a foreign battlefield based on the available intelligence. If civilians are killed in drone strikes, the targeted terrorists bear their own share of responsibility by refusing to wear uniforms, refusing identify themselves, and hiding among civilian populations.
There’s a difference between wartime action and peacetime law enforcement. Should due process apply to enemy combatants on a foreign battlefield?
International humanitarian law does not allow preemptive military action for some future plans based on secret intelligence, I don’t think. Correct me if I am wrong.
9/11 was a crime against humanity. It should have been dealt with as a crime.
The values we hold dear like freedom and justice are the cornerstones of our civilization. So yes I do believe due process and presumption of innocense until proven guilty should be applied even to our enemies. We apply it to our citizens because it provides the best form of justice as we see it and it protects us from miscarriage of justice. In the case of drones it will protect the innocents and protects us from being the judge jury and executioner based on secret and/or faulty intelligence.
For clarification on law of armed conflict I googled it and they all mean the same thing: the law of armed conflict, which is also known as the law of war or international humanitarian law.
When we ignore risk of civilian casualties in FATA for example by calling everyone in an area of hostillities or consider any male of “military age” let alone families of combatants, women and children as legitimate targets we are violating humanitarian law. And yes I suspect in practice we are already doing this.
The fact that terrorists or perceived terrorists are not wearing uniforms or live with their families doesn’t excuse summary executions based on secret intelligence reports that may or may not be true.
We cannot redefine the word imminent and say someone is planning an attack according to our secret intelligence just because they live in a certain area like FATA, Pakistan, or Yemen, or Somalia and simply go it alone through drones.
I remember watching a clip where Obama compared the situation for killing Awlaki a US citizen as the decision to order a SWAT team sniper to kill someone about to pull the trigger.
However there doesn’t seem to be any such guidelines defining imminent or rules outlined in the documents released to limit the use of drones based on urgency of time. That is in fact is being judge, jury and executioner. Is it not?
I call it summary executions because drones are not only killing alleged terrorists after simply accusing people of interest but others around them of providing, I assume, what’s been called material support, or being suspected of being a combatant, or other suspected crimes leading to a possibility of future terrorist activity. And in this process the definitions of terms like imminent and of combatants and non combatants and guilt by family relation or association are all being blurred which leads to innocent casualties. And the numbers are much higher than portrayed.
This is a ploy to continue the perpetual war I think and feeds the vicious circle of violence. It’s better to treat the fight against terrorism as a crime than to call it a war because it’s a fight against groups of people in different countries not war against a country.
If there is credible evidence then it should be shared with the country where the suspects live and rule of law should be applied, suspects apprehended/extradited and brought to open millitary courts and evidence presented and verdicts rendered and then punishment executed. Involving the states where these suspects live is the right thing to do in every respect and a framework needs to be developed.
Just because terrorists don’t wear the uniforms doesn’t mean we abandon our principles of rendering justice. If we do continue to go along with this line of government reasoning, this same approach is bound to one day come back home full circle. But even if it doesn’t we should oppose it on humanitarian law grounds. Collateral damage is murder.
Should Pakistan use the F16s it buys from the US with US aid to shoot down US drones?
Should Pakistan declare war on the US?
What should it do? You tell me. And then also tell me how you think the US will respond.
http://dunyanews.tv/en/Pakistan/341311-Pakistan-raises-issue-of-drone-strikes-at-UN-Human
June 2016
“Speaking at the Human Rights council in Geneva, Permanent Representative of Pakistan, Ambassador Tehmina Janjua stressed that the Human Rights Council and its mechanisms should respond to human rights violations and the loss of precious lives as a result of drone strikes on the territory of Pakistan in violation of its sovereignty.
She emphasized that these drone strikes are also a violation of UN Charter, International Law including Human Rights and Humanitarian Law.
Pakistan has been stressing repeatedly that use of armed drones or remotely piloted aircrafts is a breach of human rights, in particulars, the right to life, which is non-derogable.
The Ambassador urged the international community and the Human Rights Council to remain seized of human rights violations taking place as a result of illegal drone strikes.
Last month, Army Chief General Raheel Sharif met with U.S. Ambassador David Hale to express Islamabad’s serious concerns over the drone strike that killed the former Taliban leader in Balochistan.
COAS denounced “such acts of sovereignty violations” as “detrimental to relations and counter-productive for the ongoing peace process.””
U.S. drone strikes violate Pakistan’s sovereignty: U.N.
http://www.reuters.com/article/us-un-drones-idUSBRE92E0Y320130316
I find it hard to believe that these host governments are not in the know about these drone programs. There’s a wealth of reporting to the contrary. If they aren’t, why don’t they do something about it? US drones were flown from Pakistani bases for a period of time, weren’t they? I’m not aware if that’s still the case or not. But, come on.
And we’re supposed to oppose the program because it kills civilians? Um, is there some sort of mystical weapon that targets terrorists and insurgents with magic precision? If so, please let us know.
http://economictimes.indiatimes.com/news/international/world-news/pakistan-raises-us-drone-attacks-issue-at-un-human-rights-council/articleshow/52766443.cms
U.N.: U.S. drone strikes violate Pakistan sovereignty https://www.washingtonpost.com/world/asia_pacific/un-us-drones-violate-pakistan-sovereignty/2013/03/15/308adae6-8d8a-11e2-adca-74ab31da3399_story.html
“March 15, 2013
ISLAMABAD, Pakistan — CIA drone strikes on targets in Pakistan violate its national sovereignty and have resulted in far more civilian casualties than the U.S. government has recognized, a special U.N. human rights envoy reported after a secret investigation in Pakistan this week.
Ben Emmerson, the United Nations’ special rapporteur on human rights and counter-terrorism, met with Pakistani government officials for three days and came away supporting their long-stated view that they do not consent to the remote-fired missile campaign that is the centerpiece of U.S. strategy to eliminate a wide range of Islamic militants.
This contradicts Washington’s position that the Pakistani military and intelligence services have at least tacitly supported the strikes, which began in 2004 and have significantly escalated since President Obama took office. At one point earlier in the campaign, the two nations shared intelligence on militant targets, but Pakistani officials vehemently deny that they are still doing so.
The drone campaign “involves the use of force on the territory of another State without its consent and is therefore a violation of Pakistan’s sovereignty,” Emmerson said in a statement released Thursday that only gained wider notice Friday.”
You are right the governments of these 3rd world countries are “in on it” but not the common people. It’s their political and bureaucratic elites who are in on it. And why wouldn’t they be in on it? They get to rule their country on the behalf of the imperial power of the day: USA!
They get to subjugate and pillage the resources of their country and live like kings ruling the peasantry and selling the natural resources of their countries to the lowest bidding corporate US corporations under the thumb of IMF, World Bank and USAid so long as their foreign bank accounts are padded.
And this in fact is a point in case for for the terrorists who point to the corrupt governments who the US uses to rule these countries by proxy for its so called “national interests”. These are not really national American interests but the interests of the multinationals and the military industrial complex and the war profiteering companies that have no nationality. In fact these same special interest groups have hijacked the US democracy just as they have manipulated the ruling classes of these 3rd world countries to create the perpetual war on terror to continue the vicious cycle of death for their own monetary gain and political power.
“The US considers its conflict with al-Qaeda to be a war, not a law enforcement matter.”
Ha!
Very convincing. Thank you.
The US is conducting drone strikes without the consent of the Pakistani, Yemeni, and Somali governments? And these governments are helpless to do anything about it?
People actually believe that? Lol.
https://www.globalpolicy.org/home/163-general/52352-un-investigator-us-drone-strikes-violate-pakistan-sovereignty.html
“A top U.N. investigator has criticized Washington’s drone missile campaign against Islamic militants in Pakistan as a violation of the South Asian nation’s sovereignty, a stance that echoes Islamabad’s public condemnations of the tactic but not one that is expected to end U.S. airstrikes.
Ben Emmerson, U.N. special rapporteur on counter-terrorism and human rights, issued a statement Friday saying the U.S. drone campaign “involves the use of force on the territory of another state without its consent, and is therefore a violation of Pakistan’s sovereignty.”
“Pakistan has also been quite clear that it considers the drone campaign to be counter-productive and to be radicalizing a whole new generation,” Emmerson added, “thereby perpetuating the problem of terrorism in the region.”
Emmerson’s remarks came after he made a three-day visit to Pakistan last week, meeting with top Pakistani officials as well as tribal elders and victims of drone strikes.
Pakistan’s Foreign Ministry issued a statement Friday saying the government clearly conveyed to Emmerson “that drone strikes are counter-productive, against international law and a violation of its sovereignty and territorial integrity.”
Washington’s use of drone missile strikes in northwest Pakistan’s rugged tribal regions is one of the thorniest issues in its long, troubled relationship with Islamabad. The Obama administration has consistently defended the tactic as a vital tool against Al Qaeda and Taliban militant leaders and commanders hunkered down in tribal badlands along the Afghan border. Two militant leaders who held the post of Al Qaeda’s second-in-command were killed by drone strikes last year, and a drone missile in 2009 killed Pakistani Taliban leader Baitullah Mahsud.
Although Pakistan has always publicly opposed drone strikes, many analysts believe the country’s civilian and military leadership see value in the tactic and tacitly allow the strikes to occur. A 2008 diplomatic cable obtained and posted on the WikiLeaks website cited then Prime Minister Yousuf Raza Gilani’s acquiescence to the drone campaign. “I don’t care if they do it as long as they get the right people,” the cable quoted Gilani as saying. “We’ll protest in the [parliament] and then ignore it.”
However, opposition in Pakistan against the drone campaign has intensified recently as evidence gathered by international watchdog groups mounts that civilians are often killed or injured in the strikes. Emmerson said Pakistani officials told him that that at least 400 civilians have been killed in U.S. drone strikes, and that an additional 200 people killed were viewed by Islamabad as probable noncombatants.”
You are very welcome.
With a smile.
Love the use of the redaction in section 1B when speaking about terrorist targets.
In three instances, they’ve redacted something just after the phrase, “…against terrorist targets [REDACTED]….”
One can only guess at what this redaction is. But I’ll take a stab at it anyways.
“—against terrorist targets and their associates….”
So, targeting people for assassination isn’t just for terrorists if I’m right in my guess. It’s for anyone who is associated to that person as well including family members, their mailman, coworker or anyone else linked to ‘The Terrorist’.
This is what happens when the police state runs a muck. And it is already heading full circle back home.
3rd paragraph
“Lethal Action should not proposed or pursued as a punitive step or as a substitute for prosecuting a terrorist suspect in a civilian court or a military commission”.
Both the Obama and Bush Administration ALWAYS maintained that we are at WAR. And that any terrorist or suspected terrorist were outside the civilian court system. Indeed, is this the general reasoning for the existence of Guantanamo.
Why is the Obama administration suggesting the War on Terror is a civilian action as well as a military action. Aren’t they now changing their tune by making this sort of admission?
November 13th, 2015 NY Times Rally—Friday the 13th; Drone Papers Coverup
In June of 1971, the New York Times had the courage to initiate the publishing of Daniel Ellsburg’s “Pentagon Papers.” This brave action against the will of a criminal executive branch, combined with the principled decision by then-Senator Mike Gravel (AK) to release 4,100 pages of the Pentagon Papers into the Senate Record, helped spark a fight that led to the end of the criminal presidency of Richard NIxon and was instrumental in bringing the Indochina War to an end. The Papers documented that the war was being lost, not won, and that McNamara’s “body count” metric was fraudulent and criminal.
http://www.thepeoplesvoice.org/TPV3/Voices.php/2015/11/13/title-290#more40743
July 23, 2012 Children of the Drone
We’re told that predator drones armed to the teeth are keeping us safe by killing dangerous terroristson the other side of the globe, but is that really the case? Let me introduce you to….’The Children of the Drone’s’
http://www.hangthebankers.com/children-of-the-drone/
Jan 31, 2012 The girl killed by Barack Obama – she never saw it coming
https://www.youtube.com/watch?v=_9DE0ON_Uzo
Aug 20, 2014 Drone Pilots Suffer PTSD Just Like Those in Combat – LiveScience
Military personnel who fly drones, and may be stationed far from the … they can still develop symptoms of post-traumatic stress disorder (PTSD), a new … 2013 data from the American Psychiatric Association cited in the study.
http://www.livescience.com/47475-drone-operators-develop-ptsd.html
November 13th, 2015 NY Times Rally—Friday the 13th; Drone Papers Coverup
In June of 1971, the New York Times had the courage to initiate the publishing of Daniel Ellsburg’s “Pentagon Papers.” This brave action against the will of a criminal executive branch, combined with the principled decision by then-Senator Mike Gravel (AK) to release 4,100 pages of the Pentagon Papers into the Senate Record, helped spark a fight that led to the end of the criminal presidency of Richard NIxon and was instrumental in bringing the Indochina War to an end. The Papers documented that the war was being lost, not won, and that McNamara’s “body count” metric was fraudulent and criminal.
http://www.thepeoplesvoice.org/TPV3/Voices.php/2015/11/13/title-290#more40743
Jan 31, 2012 The girl killed by Barack Obama – she never saw it coming
https://www.youtube.com/watch?v=_9DE0ON_Uzo
Aug 20, 2014 Drone Pilots Suffer PTSD Just Like Those in Combat – LiveScience
Military personnel who fly drones, and may be stationed far from the … they can still develop symptoms of post-traumatic stress disorder (PTSD), a new … 2013 data from the American Psychiatric Association cited in the study.
http://www.livescience.com/47475-drone-operators-develop-ptsd.html
There are a few things disturbing about this haphazard document you’ve posted and written about.
1. The date of May 22, 2013 appears at the top of the page suggesting publication. However, the Kill List was confirmed by NYT in April 2010. What sort of guidelines were they using for those year in between those two dates.?
2. There is no revision identification. First rule in drafting policy is to provide a revision block so when the document is changed and updated, the end user/reader knows they have the most current version. There is no such indication of which revision this document is. If they really want to be The Most Transparent Administration Ever, why don’t they release ALL revision.
3. There is no Index to the document. They list 8 sections, but is that all that there is? Is the document complete? There is no indication at the end of the document that is finished or complete, nor is there any index at the beginning to show that a Section 9 or later exists.
4. There are no definitions to the terms used in the document. Great. I guess everyone thinks alike and would not potentially misunderstand a term.
That’s exactly what I noticed too. These standards where different when Abdularhamen Al Awlaqi was assassinated by drone at the age of 16. At the time of Abdularhamen’s death the president had to personally sign off on each strike involving US citizens. Chain of command still falls on Obama for the boys murder and all other drone strikes during his 2 terms.
Why do I think Obama has a drone computer setup in the White House and kills people himself for sport?
Heh, why not Donald Trump? The spy agencies are getting really good at public-private partnerships, and I bet there are a lot of rich folks who would pay handsomely for a thrilling group activity at one of their little get-togethers. I mean, Jeremy Epstein could bring Bill Clinton and Donald Trump together for his parties, but man can’t live by kiddy-diddling alone.
Thank you. Good article, CC. This torture has to be put to an end. Especially since the intelligence documents and stuff like Zimbardo’s work not to mention their no doubt years of attempts at “torturing some folks” seem to be more about punishing perceived threats and/or evincing outcomes than about “justice” (not that torture is ever right; it NEVER is). Nor should actual threats be tolerated from those who propagate, perpetuate, and promulgate such vicious techniques. It is a sick, sad world we live in. And I for one want answers. Can it really be that the rest of the world is this afraid of prosecuting these war crimes, or is it more a protection racket and/or a twisted symbiosis? More on this would be welcome, Cora.
Sorry, I had meant to say that a bit differently. I am tired. Though it is also a torture program, as anybody who has lost loved ones, homes, or anything else to one (or more) of these strikes will attest. These ARE crimes. I choose to focus first and foremost on that. I wish we would at least man-up and label these crimes honestly for what they are. And to me the fact that they are on peoples’ own soil makes them even bigger atrocities.
An interesting document. Too little has been disclosed about these programs; perhaps this will continue to change. I certainly hope so.
Upon reading this document and observing the history of the Obama administration’s struggle with terrorism, it becomes clear that killing known and suspected terrorists has become preferable to capturing and interrogating them. The document describes procedures for targeting suspects, along with additional procedures for targeting US citizens. The standard for the intelligence, and for minimizing civilian casualties, appears to be “near certainty”—which is never really defined.
One commentator brought up the possibility that drone strikes fall under the murder category. Do they, though? Armed drones are just another weapon of war, and war has changed quite a bit over the years. In a different age, we would have attacked an enemy tank with an strike fighter. Individual soldiers were not “selected” for “special attention.” A soldier was killed because of his membership in the enemy army, not for any specific action he might have carried out. And, of course, drone strikes are only effective if the intelligence is effective—hence the controversy over “signature strikes.”
On the other hand, America’s conflict with international jihadists is a unique one. The enemy consists of individuals organized into franchises, cells, etc. Targeting a group like al-Qaeda or al-Shabaab for a drone strike is no different than targeting a conventional military unit with artillery—still, the issue here is that the individual jihadist pretty much BECOMES the military unit.
The laws of war apply to both conventional armies and “militias,” as the Geneva Conventions put it. International law requires combatants to wear distinguishable uniforms/insignia and forbids the deliberate targeting of civilians. Obviously, groups like al-Qaeda freely ignore these obligations. Civilian lives are endangered by drone strikes. But civilian life is always in danger in wartime, and the targeted terrorists bear their own responsibility by failing to identify themselves, and by such tactics as distributing their phones (often targeted by drones) to family members and friends. Do the laws of war and their protections even apply to them?
There is also the question of whether the US can legally attack these groups when they seek safe havens in “sovereign” countries like Yemen, Somalia, and Pakistan. The US is not at war with these countries. However, these countries have a responsibility to safeguard their sovereignty by combating groups like this—-a responsibility that has proven difficult and perhaps impossible to carry out. Likewise, these countries have all seemed to approve US drone strikes on their territory via “secret” agreements of some sort or another—there is no law against this kind of thing, and international law allows countries to invite outside military intervention (Iraq’s fight against ISIS for example, or French intervention in Mali) If these countries never approved the use of US drones, why are they so supine about it? Any country with half an air force can deny its airspace to American drones.
I personally don’t see how these strikes fall under the murder category. These strikes are targeted against terrorists and insurgents that are fighting US, Pakistani, Somali and Yemeni troops. If drone strikes were murder, then US airstrikes against ISIS would also count as murder. It would be murder if the US was deliberately targeting non-combatants. But is the US really doing that? No. Al-Qaeda, al-Shabaab, and ISIS sure are, though.
I understand where critics of drone strikes are coming from, but their case often seems a bit weak to me.
Most if not all of what you write has been debunked in the comments under this TI post “Would Turkey Be Justified in Kidnapping or Drone-Killing the Turkish Cleric in Pennsylvania?” at https://theintercept.com/2016/07/18/would-turkey-be-justified-in-kidnapping-or-drone-killing-the-turkish-cleric-in-pennsylvania/?comments=1#comments
I disagree. Still, if your argument is valid, then the world is completely helpless and powerless when it comes to America’s use of drone strikes. Is that really the case?
That’s not really the issue – and this becomes clear after reading the the comments under the TI post titled “Would Turkey Be Justified in Kidnapping or Drone-Killing the Turkish Cleric in Pennsylvania?” at https://theintercept.com/2016/07/18/would-turkey-be-justified-in-kidnapping-or-drone-killing-the-turkish-cleric-in-pennsylvania/?comments=1#comments
Is it really illegal for countries to invite outside military intervention, though?
I am a lawyer in India. And I know that under the Indian Constitution it would be illegal for the Government of India to invite the US Army or CIA to drone-kill on Indian soil an Indian citizen suspected of terrorism.
Is there a similar domestic law for the countries where US drones operate, though?
UN member states are forbidden from carrying out extrajudicial executions, and and the legality of any targeted killings have to be proven. But these laws are designed to prevent the deliberate killing of civilians—something drone strikes are not intended to do.
The principles of the law of armed conflict must also be considered. I can understand why signature strikes would violate these. But what about other drone strikes? The UN charter also forbids the use of force against a state’s territorial integrity and political independence? But if the Pakistani, Yemeni, and Somali government’s have approved US strikes, how does this law apply? Also, drones don’t really introduce any NEW legal or ethical problems.
One could also look at the just war tradition: force has to be carried out by a competent, sovereign authority and has to be proportional. These rules apply regardless of the weaponry employed, and drone strikes do meet this criteria. There is nothing illegal about launching a missile from a drone, as long the US has the proper legal authority, is targeting a legitimate target, and follow the commanders’ rules of engagement. The US currently uses the AUMF to justify its strikes. I can get why people think this authority is excessive, but aren’t these drone targets al-Qaeda-affiliated?
The UN and Amnesty International have raised the possibility of these strikes being war crimes, but they have yet to make a solid case and actually prove it. On the other hand, many of the conditions and justifications the US uses seem subjective at best.
You ask – “Is there a similar domestic law for the countries where US drones operate, though?”
We are taking about the right to life, no person shall be deprived of his life except in accordance with procedure established by law.
Most State Constitutions have this. This is also a natural law right, an international human right and the most basic right.
Do Yemen and Somalia even have a Constitution given their recent war torn history.
The USG would condemn another State for not giving its citizens this basic human right, but according to you the USG is justified in taking advantage of the absence of such a right in its drone target States.
Where is the morality in this? Law must ultimately meet moral standards.
You also defend the legality of drone killings by stating “But these laws are designed to prevent the deliberate killing of civilians—something drone strikes are not intended to do.”
You fail to acknowledge drone killing of civilians which is happening in huge numbers. It is being massively under-reported not only by the USG but also by the 2-3 NGOs based in the West that purport to collect these figures. I have posted a comment on this earlier in the thread.
Someone needs to do an in-depth investigative piece into how drone killing of civilians is being under-reported.
So, you believe that drone strikes DELIBERATELY target civilians? By that definition, any military action that results in civilian casualties is illegal.
No, what I said was that drone strikes kill a whole lot of civilians and show a disregard for heavy collateral damage. And I was busting your point.
Huh?
So deploying force in a foreign country with that country’s consnet and with the specific INTENT of killing a terrorist/insurgent is illegal?
How?
Country consent – highly questionable.
terrorist/insurgent – only suspected until proven guilty in a Court
You also ignore all the all ready expressed critiques of your position.
Isn’t there a difference between peacetime law enforcement and wartime actions, though?
The US considers its conflict with al-Qaeda to be a war, not a law enforcement matter. Does a country have to clear military operations against designated combatants with a court in wartime?
Likewise, I find it hard to believe that these countries have no say in these drone strikes. Any country with half an air force can interdict slow-flying drones that tend to limit their strikes to a specific region of that country. They could interdict the drones on the air. Or attack the bases, since the media regularly reports their locations.
Are these countries REALLY that helpless?
At UN, Pakistan demands immediate halt to US drone strikes
By Kamran YousafPublished: July 2, 2016
at http://tribune.com.pk/story/1134766/un-pakistan-demands-immediate-halt-us-drone-strikes/
“Pakistan on Saturday demanded an immediate cessation of drone strikes that violate its territorial integrity and sovereignty as well as of other states.
Speaking at the United Nations General Assembly, Pakistan’s Permanent Representative, Dr Maleeha Lodhi condemned the continued use of drones and termed the strikes a blatant disregard of existing international commitments on the use of the aircraft.”
The victims case never hits home until you are the victim
Some definitions:
playbook= textbook for Murder 101, for details, see the syllabus
continuing = harmless. The 16 year old son on Al-Awlaki posed a continuing threat.
imminent = in the next 700,000 years. The super volcano under Yellowstone poses an imminent threat.
feasible= we’ll kill them when we want to
unfeasible= we’ll kill them now
signature strike= indiscriminate murder. The signature on a signature strike will appreciate in value, for future sale on e-bay, by about $1000 per year, for up to ten years, so save and treasure yours
drone strike without signature = indiscriminate murder. priceless
strike and surveillance assets= dice. from 4 to 20 sided
assets= terrorists we like. When Hillary attacks Assad, ISIS will become a national asset. Right now, ISIS falls under the asset label for corporations with military, security, or surveillance contracts, and for presidential candidates.
associated forces= terrorists who are not assets. Al Nusra does not fall under the label of associated forces.
affiliates=terrorists who are not assets, and not associated forces
So matter-of-fact and straightforward, taking every possible contingency into account. Eichmann must be creaming in his jeans.
Bravo….great post. We should replace all the words with their real meanings and see how the article reads…
Great article! It is very dense material; I read it a few times. I now feel much more informed on whatever the fuck is going on with these strikes.
Drone pilots; the most cowardly assassins I’m the history of the world. Eisenhower talked of the “Military Industrial Complex”. Now, what we have is the Finance Military Complex keeping guard over the US Dollar as the worlds reserve currency by violence and the implied threat of violence by the hegemon. Ultimately all society’s are dependent on violence or the threat of violence ( note the cell phone videos of it being meted out in the homeland by the boys in blue). How they get the suckers to do the ground force killing and dying is beyond me but like the article says, many/most are knuckle draggers, intellectually stunted, morally empty; not even evil like Obama/Clinton, just stoopid. The Special Forces types are basically mercenaries who would be right at home as Mafia hit men and yes, they are all men and many/most get jobs as mercenaries after their “service”. Lloyd Blankfield laughs all the way to the Bank, his bank.
“Ultimately all society’s are dependent on violence or the threat of violence,,.”
Better said: “Men sleep peacefully in their beds at night because rough men stand ready to do violence on their behalf.” [Edmund Burke, 1729 – 1797]
There is a line between self-defense and MIC for profit violence. Back in the “day” and the draft most Special Forces citizen soldiers served a tour of duty and return to civilian life. I became a scientist and fought in the war on cancer.
It is not the men but the governments shift to MIC that has made special operation into general operations linked to for profit warfare. The balance of needed self-defense and MIC has been breached.
There has always been a very thin line between defense and those who make money on violence. America is no longer watchful of the danger of crossing this line. Back in the Day thousands march in the street the draft put a lot of persons skin in the game. A soldiers service should support the right to protest. This can moderate misuse of power. Power is currently out of control.
MURDER BY COMMITTEE is what this fascist arrangement amounts to; and the citizen of the ugly old USA is provided heavily expurgated “versions” of this so-called “Play Book”! Can anyone believe and trust the Central Incompetence Agency (CIA) and its blood-soaked accomplices in the “government” turned FASCIST? Any one AT ALL? I sure as HELL don’t!
The United States has been deliberately supporting radical Islamic terror groups in Syria as an anti-Assad proxy force, while claiming to target other radical Islamic terror groups with drone strikes.
ISIS never was a force before late 2011, when the U.S., Saudi Arabia, Qatar, Turkey, Jordan and Israel began promoting the overthrow of Assad via funding, arming and supplying radical Islamic forces in Syria and western Iraq – and that’s what led to the rise of ISIS, the Syrian civil war, the capture of Mosul and Falluja by ISIS, and hundreds of thousands of Syrian refugees flooding into Europe. Yes, Clinton and Obama were directly involved in this:
http://www.telegraph.co.uk/news/worldnews/middleeast/syria/9856382/Leon-Panetta-supports-Hillary-Clinton-plan-to-arm-Syrian-rebels.html
Even up through 2015, the U.S. was turning a blind eye to ISIS selling oil through Turkey to fund its operations; there are numberus examples of U.S.-made weapons (like Raytheron TOW-II missiles) being captured from ISIS with their serial numbers effaces; Israel’s defense minister notably said that he’d prefer it if ISIS overran Syria, as they were anti-Iran – it is only within the past two years, as ISIS began launching attacks in Europe, that the support for radical Islamic groups in Syria has diminished.
At the same time, in Afghanistan, the drone war goes on and on, but results in no change at all in circumstances in Afghanistan; it’s not helping the corrupt Afghan government win control of the country, just aiding in the recruitment of new Islamic radicals – and despite the fact that the Afghan war has gone on longer than the Vietnam war, the U.S. corporate media refuses to cover it, especially not during an election season.
Is this 18 page document (however redacted it may be) compliant with the Constitution? Doesn’t the Constitution require the President to be authorized by Congress?
At least now that we have it (or at least a redacted version of it), Constitutional scholars can ask these questions and the Congress can also ask these questions. It seems like Obama pretends that if you use a drone, instead of a manned plane then the rules are somehow different. What and where are the checks and balances on executive power?
Where are the checks and balances? The Republicans are looking ahead to when their man/woman gets the top spot which includes all those “freedoms” to kill with impunity, anywhere, anytime(including here). We should be in the streets.
or even to authorize a strike against someone who posed a threat “to another country’s persons.”
So we’re going to be droning protesters in the future? Anti-abortionists dont want their tax dollars paying for the “deaths of innocents” and they arent protesting the sort of murder we are comitting now? What’s up with that? And our tax dollars are going to the IDF for genocide of Palestinians and land theft. What’s up with that?
Hey Cora, I have one word for you… “Google.” First of all, the CIA has operated drones out of secret bases for years including one in Saudi Arabia. Secondly, the US has been selling drones to Saudi Arabia at exactly the same time that it allegedly opposes the Sauds propensity for unilateral military aggression in Yemen and Syria. The report that the Obama White House has decided “to curtail the CIA’s lethal role in Yemen and restrict it from even flying armed drones over Syria — instead handing the unambiguous lead for such operations to the U.S. military’s elite Joint Special Operations Command (JSOC)” comes as little comfort to the civilian populations in either country. The Washington Post article reports that the CIA and JSOC conducted a combined total of 13 attacks in Yemen in the first half of 2016, but it failed to simultaneously mention that the Obama administration has established policy for the export of armed drones to its allies for use in its all expansive war on terror. The rationalization for such policy is derived from the claim that China has already begun exporting its own knockoff version of US armed drones to America’s allies.
http://www.reuters.com/article/us-usa-drones-exports-idUSKBN0LL21720150218
and its 7,8,9 giv’n us the same ol’ line
Bush made us all torturers. Obama, finding torture morally repugnant, made us all murderers. Killary will love this no-questions-asked program when it is handed off to her. Change you can believe in, baby!
naturally. Properly trained in the art of genocide by her kissy mentor, now prided by Adolf Netanyahu, she has a big future and a big challenge. Getting the youth of America to abide by genocide will be like putting blinders on a horse. That’s what the media is for. Giddyup.
That’s right! It’s all about the Derby! Hardly, CVS. If grammar doesn’t matter, why should spelling or the Constitution? I am aiming to get you guys a bonus program going. Of course since this crap is all made up to put your panties in a bunch, I am not sure any of you are gonna earn the paycheck. Sad state of affairs. They should at least hire educated adults instead of Millennials who have no soles, flounder, breaded.
Smirk.
Reminiscent of going to a job interview many years ago, being first in line and having to wait while a dozen or so were called in ahead of me(last). I enter(angry) into a cigar smoke and liquor fumed board room with one empty chair and about 12 gangster looking like a mafia. Feeling like and believing all was lost, because all the previous interviewees had come out saying they were turned down, I would not sit down as told, and instead red them a riot act!
As it turned out, I was the first person to ever ace their four hour exam, and were sure I had help and cheated. I was in a set up!
Reading the article, it comes across as a set up, to con the American Peoples to allow these War Criminals to continue their Crimes and to escape Our Laws of RICO, and International Laws on War Crimes!
Bastards one and all! Bottom to Top!
Hmmm, what’s the reason behind this redaction? “The Deputies of the Department of State, the Treasury, DOD, DOJ, DHS, the Office of the Director of National Intelligence (DNI), …, CIA, JCS, …, NCTC, and [anyone else the DNSA may invite]” can advise something having to do with a capture operation (page 9).
The same list appears on page 8: “The RCSG shall be chaired by the NSS Senior Director for Counterterrorism and shall include the following departments and agencies: the Department of State, the Department of the Treasury, DOD, DOJ, the Department of Homeland Security (DHS), …, CIA, Joint Chiefs of Staff (JCS), ………, and NCTC.”
But on page 13, “the Deputies of the Department of State, DOD, JCS, DOJ, DHS, DNI, CIA, and NCTC shall promptly consider… [lethal action]”
For a minute I was thinking there were still some three letter agencies too secret for us to know they exist, but that’s probably not it, since they’re not elite enough to be on the kill list. More likely these are agencies off the list presented here:
http://belfercenter.ksg.harvard.edu/publication/19145/organization_of_the_intelligence_community.html
So the question now is — what agency fills into that blank on page 8? It seems like it’s time for some good old fashioned proportional font analysis. Does “Drug Enforcement Agency (DEA)” fit there? “Defense Intelligence Agency (DIA)”? “National Geospatial-Intelligence Agency (NGA)”? “National Reconnaissance Office (NRO)”?
I haven’t even tried plugging the blanks yet because I don’t even know how to figure out which font it is let alone to recreate how it might be printed by whoever made up this document. The document might even be a post hoc phantasm for all I know. But TI is in a good position to look at this, try all half dozen keys and see which one fits the lock here!
always wondered what else hovvud was up to.
how about Office of Terrorism and Financial Intelligence (TFI) from the dept of treasury? the money.
My guess is a good approach to font analysis should start with paying attention to kerning as long as it isnt monospace (I havent looked at the document yet but i have noticed that for some reason they eschew monospace fonts, which always seemed odd to me).
They should be called EJKs, Extra Judicial Killings.
They are extra-judicial killings.
No, they should be called murders.
Extra-judicial killings are murders.
Call it by its name Seema: Murder Inc.
We should work together. I am impressed by your research and logical arguments.
Thank you.
I want to help document the truth about the collateral damage the way HONY did it for regular people in different countries. Are you familiar with HONY?
Actually, I hadn’t heard of it,but I looked it up. http://www.humansofnewyork.com/ ?
You have a good idea.
I think creating a database of stories of civilians killed, injured or otherwise impacted by drone attacks would be a great service. But I would imagine that getting access to otherwise inaccessible places and people would be a challenge. It might also be dangerous and there would be people who would want to prevent such documentation.
I know it would be dangerous and challenging. In fact it’s directly challenging the false narrative propagated by the imperial power of today. But it’s also an ethical, moral and civic human duty to search for truth. The basic truth we are talking about here is the right to life, as you said yourself. It matters not that these are some of poorest most dispossessed human beings on the face of this earth. Their lives matter as much as ours and our children’s.
Would you be interested in writing about it?
I think socially my countrymen would benefit and support this effort and they would help to change and shape the militarized doctrines and redefine the rules of engagement, the so called playbook. But they need to know the truth. Americans are some of the most fair minded and justice driven people in the world. They support the oppressed and stand with them. I am not talking about politicians but the American people.
Wasi – I am fighting for my life in a whistleblower battle after having exposed corruption and fraud by General Electric Company in India. I was their in-house counsel for GE Transportation in India in 2010. To find out more about me you can read my comments here on TI at https://theintercept.com/2016/08/10/vindication-for-baltimore-police-critics-but-no-action/?comments=1#comments and on my blog at http://seemasapra.blogspot.in/p/about-me.html
So I cannot do any voluntary writing. I am only in a position to take on writing work if it is paid as GE has deliberately targeted me over 6 years to place me in an impoverished position.
My contact details are on my blog and you can email me if you want.
Wish you well Seema.
Until the program is submitted to Congress as a declaration of war against “who it may concern?” And until the general facts of who was killed for what reason and what was the cost in collateral lost innocent lives this program is sedition. Yes there should be drone strikes on high value targets both persons and infrastructure but when you kill in my name with my money I WANT TO KNOW the why of it, not some white paper There would be damn few drone strikes outside congress declared war zones if the truth were part of guidelines and the Constitution was part of the policy.
Thank you. Completely agree. I was at the dump yesterday getting compost and a Native American friend of mine kindly came over to help me load it. He said it’s taken the US 200plus years to get where we are. What a sad state of affairs that the Washington DC elites drinking champagne and downing caviar can’t hear the frustration of the peons.
#1776
I have a splash of Native American blood. Striking the “war-post” should follow the rule of law, it is most serious business for a tribe or Constitutional Republic. Each member or citizen should choose the path of peace or “warpath” and with much thought and discerning.
“Yes there should be drone strikes on high value targets both persons and infrastructure …”
High value targets = the ruling class and their environmentally destructive industries (oil, coal, gas, ranching, etc.), starting in the U.S. The U.S. has NO BUSINESS in that part of the world, period. The U.S. is there to steal oil, and the military is the enforcement of that theft.
Meanwhile, Edward Snowden has released some kind of code, which may lead to more serious disclosures. Apparently, something triggered this as he says in a twitter feed..”It’s time”. Hopefully, something that will cause heads to explode across WDC, the RNC, and the DNC.. exponentially. Because..it’s time.
http://thelibertarianrepublic.com/snowden-dead-man-switch/
The playbook is still a work in progress. Capturing the terrorists after killing them doesn’t accomplish much, and incurs the expense of a funeral at sea. It makes me wonder if the top legal minds who devised the playbook are stronger in theory than in practice. Have the authors actually stopped to figure out how many people live in Pakistan, and how many centuries, at current rates, it will take to kill everyone who looks like a terrorist? Remember, terrorists don’t always play fair. Some may disguise themselves. It seems incredible that human beings could be so nefarious, but if you’re writing the playbook, you need to consider every conceivable angle.
We shall all be relieved to discover that the wisdom of the “top legal minds” are busy mining the scrolls before the times of Jesus so that they can find the loopholes necessary to circumvent the complications of righteousness.
The real problem with the terrorist concept is the math. “Top legal minds” seeking the solution are going to have to submit themselves to the top math minds at MIT to solve not just the the probability of the wack-a-mole scenario but also the mystery of the “kill 1 make 100″ which is really the stuff of doctoral theses.
While G dubya Bush had convinced the population that the whole affair was nothing more than a pan fire on the stove, the genius Obama has convinced the population that this is a profitable industry for untold years. Lucky for the US, Hillary Clinton (pronounced “hellery cleen ton”) is going to turn this entire terrorist thing into the world’s most biggest most profitable economy and save America.
Hellery’s wealth-stealing backers have lied to America. They need a war.
https://www.youtube.com/watch?v=kqD8lIdIMRo
Here is why..
https://www.rt.com/shows/keiser-report/354555-episode-max-keiser-949/
ps – there is more evidence coming
The article states: “The administration believed that between 64 and 116 of them were civilians – a number disputed by outside observers, who put the total number of civilians harmed between 200 and 1000.”
This is a deliberately misleading statement intended to minimize civilian deaths.
For just a beginning, see https://www.washingtonpost.com/news/worldviews/wp/2016/07/21/an-airstrike-in-syria-killed-entire-families-instead-of-isis-fighters/
http://www.telegraph.co.uk/news/2016/07/19/us-air-strike-in-syria-kills-up-to-85-civilians-mistaken-for-isi/
In two mis-directed strikes admitted by the Yemeni authorities, at least 56 civilians, including 24 children, were killed. The two attacks occurred in the provinces of Abyan in 2009 and Baidha in 2013.
According to the London-based Reprieve, U.S. drone strikes in Yemen killed between 1,073 and 1,533 people during the period from 2009 to 2014. http://news.xinhuanet.com/english/2016-07/15/c_135513698.htm
http://dailytimes.com.pk/pakistan/16-Jul-16/campaigners-victims-families-reject-us-figures-on-drone-strike-casualties
“Shahzad Akbar, a senior lawyer, who is leading a legal battle for the civilians killed in the US drone strikes in Pakistan’s tribal regions, says the data collected from the media reports and people on the ground put the civilian death toll at over 3,000 against 116 as claimed by the US, Xinhua news agency reported. During exclusive talks with Xinhua, Akbar mentioned a 2013 court’s judgment in the Pakistani city of Peshawar in which the judge mentioned deaths of 1,490 civilians in the US drone attacks in the Waziristan tribal region.
Akbar mentioned at least three US drone strikes that killed many civilians, including nearly 80 children in an attack on a religious school in the Bajaur tribal area in October 2006, 60 in an attack on a funeral in South Waziristan in June 2009, and 40 in a drone strike on a “Jirga” or assembly of tribal elders in North Waziristan in March 2011.
“These are just a few of the major US drone strikes which killed hundreds of civilians, including children. So I would say that the latest White House figure of up to 116 civilian casualties is ridiculous and just a political gimmick,” said Akbar, who was once denied a US visa, which stopped him from attending an International Drone Summit in Washington in 2012 where he was scheduled to speak on behalf of the family members of civilian victims of drone strikes.”
Were Phillip Marshall, his two kids, and their dog “lawful targets”?
How about Abdulrahman al-Awlaki the 16 year old son of the CIA 911 patsy?
Worth reading
http://www.infowars.com/cia-killed-phillip-marshall-for-leaking-911-secrets-dr-kevin-barrett/
ecommcon
Murder is murder. These psychopaths have no guidelines put their psychopathology.
This is a second Vietnam War. At least we’re just killing the babies outright instead of using torturous napalm. Go to jail, Obama, you murderous psychopath. You are NOT above the law!
I’m getting lost. What legal justification is provided for the drone strikes? Is there even an attempt at legal justification? What international treaties and conventions are being contravened, and how do they rationalise that?
It might be an opportune time to evaluate those questions and lay them out clearly for readers like me who are starting to lose the thread of how any of this can possibly be related to a sane, law-abiding world.
Nixon can explain for you: “It’s not illegal when the President does it.”
Impeach the man before the peasants storm the Bastille!
The peasants are too dumbed down to storm The Bastille.
There is legal precedent for this type of action. Read Noam Lubell’s Extraterritorial Use of Force against Nonstate actors.
The question is whether every instance can be justified under the legal precedent Lubell outlined. More than likely not.
sorry, but Adolf Hitler also had a plan and it was all legal.
So did Stalin, Hirohito, Amin, Cheney, Netanyahu, Polpot, and more…
Killing people with drones at this time is just their warmup practice for their needs down the road when the TPP Global Initiative allows her and her backers to drone protesters when the criminal currency scheme starts crashing.
Obama-Clinton support the NDAA and renditioning “disappearing” of Americans. The actual passage allowing death squads in the US was not John McCain, the actual part for allowing death squads against Americans was written by Carl Levin.
the actual part for allowing death squads against Americans was written by Carl Levin.
How would i know that?
Wait…. Are you admitting to being Carl Levin? A word, please, if so? ;)
GEEZ! An article that goes over the minutia of drone strikes of maybe badguys. ZERO, articles on the REAL BADGUYS.
Who runs the opium cartel in Afghanistan that the USA went to war to protect from the Taliban?
What oil cartel reaps benefits from the pretend war in Syria, facilitated by Turkey?
What natural resources cartel reaps the benefits of the turmoil in Africa?
Interesting use of word “lawful”… in the “guidelines”…
To quote JFK,
“Splinter the CIA into a thousand pieces and scatter it into the winds.”
After reading this post, I wish he had!
Recipe, guidelines for SYSTEMIC, CODIFIED, SANCTIONED, SANCTIFIED AND SACROSANCT MURDER if not GENOCIDE… long live The Crusades, apparently, and Nazism…
Who needs fascism when you have gross indifference?
Perfect. Please collect your reward for this years MOST BRILLIANT POST on the interwebs, at Level 81, Window 9, row 6, column 5, at IRS HQ, in the new Twin Towers replacement.
Great point, elect Trump, America needs a wakeup punch in the nuts.
The end justifies the means our is this cover for there war crimes court? All in all somewhere between disgusting and shameful