DRONE WARS, PERHAPS FUTILE AND CRIMINAL. Drone strikes never became a US campaign issue.
By William Boardman When it comes to pilotless drones armed with air-to-ground missiles, the United States acknowledges that its counterterrorism strategy includes using terrorist techniques as part of the “war” on terror. Some of these attacks on civilians are widely understood to be war crimes, but the Obama administration refuses to reveal White House lawyers’ memosdefending the legality of executive execution.
Currently and controversially, the United States is the only country in the world known to be actively waging drone warfare — the remote aerial killing of people who may or may not be identified, who may or may not be hostile, and who have no way to appeal for a stay of the execution they don’t even know is coming their way.
Some call the drone war a “moral black box” that reflects badly on American ethics.
Protests against this form of summary execution are happening with increasing frequency not only in Pakistan, where the U.S. has killed hundreds of non-combatants, but in Britain, Australia, Illinois, New York, and now Vermont.
FROM DRONE-PLAGUED PAKISTAN DIRECT TO VERMONT
Already concerned by the increasingmilitarization of their state and country, Vermont activists are calling for their congressional representatives to oppose further drone use on defenseless countries. None of the delegation, not Sen. Patrick Leahy, not Sen. Bernie Sanders, not Rep. Peter Welch, has raised much of a fuss about drone killings, not even when the President chose to kill anAmerican citizen.
Vermonters with Veterans for Peace, the Peace and Justice Center, and Women’s International League for Peace and Freedom also oppose basing a drone control center in Vermont, a possibility floated by National Guard Major General Michael Dubie as early as 2011.
To heighten consciousness of drone attacks on law and the Constitution, activists have arranged to hear directly from Leah Bolger, one of 30 Americans in the Code Pink delegation who went to Pakistan for the mass protest against drones led by political leader Imran Khan in early October. Ms Bolger, president of Veterans for Peace, came directly from Pakistan to hold a press conference at the National Guard base gate and to speak to a college audience at St. Michael’s College.
U.S. IS EXCEPTIONAL IN DRONE WARFARE
While other countries, certainly Israel and perhaps Iran, may be dabbling in drone warfare, only the U.S. is engaged in remote control killing of citizens in at least five theoretically sovereign nations, including Pakistan, Afghanistan, Yemen, Ethiopia, and Somalia, as well as suspected strikes in Libya, Iraq, Mali, Colombia, Mexico, and others. Israeli drones havereportedly killed 825 people in Gaza since mid-2006.
The legal problems created by drone warfare are similar to the problems the U.S. created for itself by deciding to torture prisoners without legal restraint. As explained by Richard Falk, international lawyer and retired Princeton professor, “The U.S. reliance on attack drones to engage in targeted killing, especially in third countries (Yemen, Somalia, Ethiopia, Pakistan) has raised controversial international law issues of sovereign rights in interaction with lethal acts of war, especially those far removed from the zone of live combat.”
More bluntly, the U.S. is committing acts of war, killing the citizens of other countries in their own countries, without a shred of due process of law, whether international, American, or local, and the acts are not confronted even by international authorities such as the United Nations or the International Criminal Court (which the U.S. refuses to recognize).
SOUTH AFRICAN JURIST QUESTIONS “WAR CRIMES”
In June 2012, Christof Heyns, the UN special rapporteur on extrajudicial, summary or arbitrary executions, issued a report to the United Nations Human Rights Council calling attention to the dubious legality of drone warfare. The South African Jurist said that: “Reference should be made to a study earlier this year by the Bureau of Investigative Journalism” If civilian “rescuers’ are indeed being intentionally targeted, there is no doubt about the law: those strikes are a war crime.”
The impact and effectiveness of drone strikes is intensely debated and the Obama administration does what it can to keep relevant information secret. But Pakistan counts more than 1,000 innocent civilian killed, and other observers, both military and civilian, say the drone strikes create far more angry people bent on revenge than it kills terrorist plotters.
The numbing effect of killing people by remote control is another cost of this kind of war, made vivid in the video of a former British drone operator who found it “too easy to kill” in Iraq and Afghanistan.
America’s drone warfare began in earnest in 2004 under President Bush, but President Obamahas increased the rate of drone attacks six-fold since he took office in 2009.
IN THE FUTURE, WILL EVERYONE HAVE DRONES?
Thomas Powers, who has written extensively about the CIA and other secret agencies, describes the problem this way: “Drones are an unreliable and conspicuous way of killing individuals. With drones we have no way to tell who we are killing. It’s abrogating a right to ourselves that no organization should have. It’s arbitrary and driven by politics. What seems inevitable today is going to cause you trouble tomorrow. Ask yourself if the United States would accept the right of another country to decide who among Americans they would kill. There are probably people in Arizona allied with drug cartels. Would we allow Mexican forces to use drones against them? Hell, no.”
In April, the first international Drone Summit held in Washington, D.C., raised issues of legality, constitutionality, efficacy, cost, justice, and security. But Drone warfare had not been a significant issue in any presidential campaign. Meanwhile the international drone market is booming.
Vermonter living in Woodstock: elected to five terms (served 20 years) as side judge (sitting in Superior, Family, and Small Claims Courts); public radio producer, “The Panther Program” —
In his second term, it was expected that the U.S. President Barack Obama would reassess America’s controversial foreign policy, especially by ceasing CIA-operated drone attacks on Pakistan. But these aerial strikes continue on Pak tribal areas.
It is worth mentioning that Director General of Inter-Services Intelligence (ISI) Lt. Gen. Zaheerul Islam, who visited America in August, 2012, emphatically told the then-CIA Director David Petraeus that predator strikes are a violation of Pakistan’s sovereignty that must be stopped. He pointed out that these strikes are proving counterproductive, giving a greater incentive to fundamentalist and extremist elements in Pakistan and are increasing anti-U.S. sentiments among the people.
While addressing the UN General Assembly on September 25, President Asif Ali Zardari said, “Drone strikes and civilian casualties on our territory add to the complexity of our battle for hearts and minds through this epic struggle” against terrorism.
Besides, after her meeting with U.S. Secretary of State Hillary Clinton on September 21 in Washington, Pakistan’s Foreign Minister Hina Rabbani Khar stated that they had discussions on drones, saying, “These are illegal and counterproductive.” She explained that when “a U.S. drone carries out a strike, Pakistani officials have to hear remarks that this is a U.S. war.” Khar elaborated that in 352 terrorist attacks in Pakistan, many of those killed were Pakistanis as opposed to foreigners.
While justifying these air strikes by spy planes, the counterterrorism advisor to Obama, John Brennan, and Defense Minister Leon Panetta have defended these attacks on Pakistan’s tribal areas under the pretext of North Waziristan-based Haqqani militants whom they have blamed for several assaults on American and NATO bases in Afghanistan. On the other hand, U.S.-led coalition forces have failed in stopping incursions of heavily-armed insurgents in Pakistan from thye Afghan side who have killed more than 100 personnel of Pakistan’s security forces in the last two years while targeting the infrastructure of the area. In fact, the U.S. seeks to make North Waziristan a scapegoat for NATO’s defeat in Afghanistan by continuing the illegal mass murder of innocent people through Predator strikes.
However, setting aside parliamentary resolutions, rallies and processions of Pakistan’s political and religious parties against drone attacks, and ignoring the new rapprochement between Islamabad and Washington, without bothering about any internal backlash, these strikes keep on going on in the FATA.
In fact, such American duplicity contains a number of covert designs. The fresh wave of strikes by pilotless aircraft has thwarted the offer of militants and the Pakistani government for peace talks. And the Tehreek-e-Taliban Pakistan (TTP) has as a result accelerated subversive activities in the country. Now, the U.S. seeks to incite the Haqqani network as over the past 14 months, as most of these strikes have targeted North Waziristan. So, these aerial attacks are provoking the tribal people against Pakistan’s security forces and increasing the recruitment of insurgents. Another aim of these strikes is to create a rift between Pakistan’s armed forces on one side and the political and religious parties including the general masses on the other. Besides, Pakistan is the only nuclear country in the Islamic world. Hence, the U.S., India and Israel are determined to weaken it. The drone campaign is also part of this game.
The strikes by the unmanned aerial vehicles (UAVs) which have continued in Pakistan’s tribal areas since 2004 have intensified during the Obama era. In one of the major drone attacks more than 40 civilians and policemen were killed on March 18, 2011 in the Datta Khel area of North Waziristan. In the past few months, these unmanned aircraft killed more than 100 people in North Waziristan.
As regards civilian casualties, on August 11, 2011 a report of the Bureau of Investigative Journalism said, “The Guardian published some of the pictures, we have obtained…as many as 168 children have been killed in drone strikes in Pakistan during the past seven years.” While rejecting the CIA’s false claim, the report disclosed, “It is a bleak view: more people killed than previously thought.”
Besides, a report of the New America Foundation revealed that President Obama has “authorised 193 drone strikes in Pakistan, more than four times the number of attacks that President Bush authorised during his two terms.” The report explained, “When the U.S. drones attack Pakistan’s tribal areas, it is not just the 10, or 50, innocent civilians they kill, these killings provide reason to youth for joining terrorist groups waging war against the U.S. and of course Pakistan…while killing 10 militants, the U.S. has murdered more than 1,400 Pakistanis not involved in any terrorist activities. Could it not be inferred that it gave birth to another 1,400 militants?”
The latest report, “Living Under Drones,” prepared by experts from the Stanford Law School and the New York University School of Law, disclosed that the U.S. campaign of drone “strikes in Pakistan’s northwestern tribal belt is terrorising civilians 24 hours a day and breeding bitter anti-American sentiment. [They] have killed thousands of people…even stopping their children going to school for fear of being targeted.” Based on research, the report urged Washington to rethink its drone strategy, arguing it was counterproductive and undermined international law.
Nevertheless, details collected by Pakistani journalists show that civilian casualties through drone strikes are higher as indicated [even] by U.S. officials. In the last four years, more than 800 innocent civilians and only 22 Al-Qaeda commanders have been killed by these aerial attacks.
Particularly during his first presidential campaign, Barack Obama pledged to reverse the excesses of the Bush era in relation to terrorism. He also promised to reformulate a counterterrorism policy in accordance with the legal and moral values of the U.S. Contrary to his assertions, Obama followed Bush’s approach to counterterrorism in its worst form by expanding and accelerating the Predator strikes.
In this respect, The New York Time on May 26, 2011, in an article which was written with the assistance of several counterterrorism advisers of the administration, revealed, “President Obama has become personally involved in the process” and “has normalised extrajudicial killings from the Oval Office, taking advantage of America’s temporary advantage in drone technology. Without the scrutiny of the legislature and the courts, and outside the public eye, Obama is authorising murder on a weekly basis.”
Notably, the American constitution explicitly grants the right to declare war to the Congress so as to restrain the president from chasing enemies around the world, based solely on his authority as commander-in-chief, by waging a secret war.
Instead of capturing militants alive and to avoid giving the right of due process of law to them in a court, President Obama has openly been acting upon a ruthless policy of targeted killings by supervising the CIA-controlled drone warfare.
Notably, President Obama has broken all the records for human rights violations by extrajudicial killings of innocent people through CIA-operated unmanned aircraft, which are part of his so-called counterterrorism operations in Somalia, Yemen, etc. in general and Pakistan in particular, while the U.S. claims to be the protector of human rights not only inside the country but all over the world.
On the one hand, top U.S. officials, particularly Secretary of State Hillary Clinton, have repeatedly said that America needs Pakistan’s help not only for the peace process with the militants, but also for stability in Afghanistan in the post-2014 scenario; but on the other, U.S. spy planes in Pakistan’s tribal regions are undermining international efforts for stability both in Afghanistan and Pakistan, including a peace dialogue with the Afghan militants.
Meanwhile, Ben Emmerson, UN Special Rapporteur on Human Rights and Counter-Terrorism, said on August 16 of this year that it was time for “the U.S. to open itself up to scrutiny as to the legality of such attacks…each strike is visually recorded and videos could be passed to independent assessors.” Recently, former U.S. presidents Jimmy Carter and Bill Clinton have also opposed Obama’s faulty strategy of drone strikes.
Nonetheless, these strikes are illegal, unethical and a violation of Pakistan’s sovereignty as well as the UN Charter. But U.S. warrior President Obama remains intransigent in continuing his secret war through drone attacks.
Sajjad Shaukat writes on international affairs and is author of the book US vs Islamic Militants, Invisible Balance of Power: Dangerous Shift in International Relations
Email: [email protected]
Mr Chaudhry has a reputation for charting an independent course
Lawyers came out in support of Mr Chaudhry after his dismissal in 2007
The Supreme court is at the centre of a battle between Pakistani institutions of state
