Killer drone attacks illegal, counter-productive

"The CIA's drone campaign has killed dozens of civilians who had gone to rescue victims or who were attending funerals," a new report by the London-based Bureau of Investigative Journalism found.

But, according to the Times article, Obama has developed a creative way to count civilian casualties. All military-age men killed in a drone strike zone are considered to be combatants, "unless there is explicit intelligence posthumously proving them innocent." As a result, Brennan reported last year that not one civilian had been killed during one year of strikes. An administration official recently claimed that the number of civilians killed by drone strikes in Pakistan was in the "single digits." Three former senior intelligence officials told the Times that they couldn't believe the number could be so low.

Obama, who has been targeting "suspected militants" (called "personality strikes") in Pakistan, Yemen and Somalia, even killing a U.S. citizen, has authorized expanded drone attacks -- whenever there are suspicious "patterns of behavior" at sites controlled by a terrorist group. These are known as "signature strikes." That means bombs are being dropped on unidentified people who are in an area where suspicious activity has taken place. This goes beyond the illegal practice of "targeted killing." People are being killed without even being an identified target.

The administration justifies its use of armed drones with reference to the Authorization for the Use of Military Force that Congress passed just days after the September 11 attacks. In the AUMF, Congress authorized force against groups and countries that had supported the terrorist strikes. But Congress rejected the Bush administration's request for open-ended military authority "to deter and preempt any future acts of terrorism or aggression against the United States."

Deterrence and preemption are exactly what Obama is trying to accomplish by sending robots to kill "suspected militants" or those who happen to be present in an area where suspicious activity has taken place.

Moreover, in the National Defence Authorization Act of 2012, Congress specifically declared, "Nothing in this section is intended to...expand the authority of the President or the scope of the Authorization for the Use of Military Force [of September 2001]."

Drone attacks also violate well-established principles of international law. A targeted killing is defined as the "intentional, premeditated, and deliberate use of lethal force... against a specific individual who is not in the physical custody of the perpetrator," according to Philip Alston, former UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions. Targeted or political assassinations -- sometimes known as extra-judicial executions -- run afoul of the Geneva Conventions, which include willful killing as a grave breach. Grave breaches of Geneva are punishable as war crimes under the U.S. War Crimes Act.

Christof Heyns, the current UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, expressed grave concern about the targeted killings, saying they may constitute war crimes. He called on the Obama administration to explain how its drone strikes comport with international law, specify the bases for decisions to kill rather than capture particular individuals, and whether the State in which the killing takes place has given consent. Heyns further asked for specification of the procedural safeguards in place, if any, to ensure in advance of drone killings that they comply with international law.

He also wanted to know what measures the U.S. government takes after any such killing to ensure that its legal and factual analysis was accurate and, if not, the remedial measures it would take, including justice and reparations for victims and their families. Although Heyns' predecessor made similar requests, Heyns said the United States has not provided a satisfactory response.

Heyns also called on the U.S. government to make public the number of civilians collaterally killed as a result of drone attacks, and the measures in place to prevent such casualties. Once again, Heyns said the United States has not satisfactorily responded to a prior query for such information.

Likewise, UN High Commissioner for Human Rights Navi Pillay recently declared that U.S. drone attacks in Pakistan violate the international law principles of proportionality and distinction. Proportionality means that an attack cannot be excessive in relation to the anticipated military advantage sought. Distinction requires that the attack be directed only at a legitimate military target.

The United States has ratified the International Covenant on Civil and Political Rights. The ICCPR states: "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." The Covenant also guarantees those accused of a crime the right to be presumed innocent and to a fair trial by an impartial tribunal. Targeted killings abrogate these rights.