Tag Archives: covert action

Killing US Enemies: Covert Operations

The U.S. has some of the best special operations units in the world, but they can’t do everything on their own. The American military relies on allied special operators from places like Britain, Iraq, and Israel to collect intelligence and kill enemy insurgents and soldiers. Here are 6 of those special operations commands.

1. SAS and SBS (UK)
These could obviously be two separate entries, but we’re combining them here because they’re both British units that often operate side-by-side with U.S. forces, just with different missions and pedigrees. The Special Air Service (SAS) pulls from the British Army and focuses on counter-terrorism and reconnaissance. The Special Boat Service (SBS) does maritime counter-terrorism and amphibious warfare (but will absolutely stack bodies on land, too).

2. Sayeret Matkal (Israel)
Israel’s Sayeret Matkal has generated rumors and conjecture for decades, and it’s easy to see why when you look at their few public successes…. The commandos in the unit are skilled in deception, direct action, and intelligence gathering…One of their most public recent successes came when they led a daring mission to install listening devices in ISIS buildings, learning of a plan to hide bombs in the battery wells of laptops.

3. French Special Operations Command
French special operations units are even more close-mouthed than the overall specops community…

4. Kommando Spezialkräfte (Germany)
The commandos have reportedly deployed to Syria in recent years to fight ISIS.

5. Iraqi Counter Terrorism Service

6. Afghan National Army Commando Corps
It’s even capable of the rapid nighttime raids that U.S. forces became famous for when they were in the lead in that country…Afghanistan also has the Ktah Khas, a counter-terrorism unit known for daring raids like their 2016 rescue of 59 prisoners in a Taliban hideout.

Logan Nye, We Are The Mighty: 6 foreign special operations units the US relies on to collect intelligence and kill enemy insurgents, Business Insider, Nov. 30, 2018

 

Overly Militarized Military: United States

Gray zone security challenges…that fall between the traditional war and peace duality, are characterized by ambiguity about the nature of the conflict, opacity of the parties involved, or uncertainty about the relevant policy and legal frameworks….

The U.S. already possesses the right mix of tools to prevail in the gray zone, but it must think, organize and act differently. Gray zone challenges are not new. Monikers such as irregular warfare, low-intensity conflict, asymmetric warfare, military operations other than war and small wars were employed to describe this phenomenon in the past. …

America spends roughly $600 billion every year on defense, and it is the dominant global power by every objective measure. Yet state and non-state actors (e.g., Russia and Daesh) are increasingly undeterred from acting in ways inimical to the global common good.
State actors like Russia and China reasonably believe we will not use nuclear or conventional military force to thwart their ambitions if they craft their aggressive actions to avoid clear-cut military triggers. Despite their inherent ambiguity, the United States should not be  frustrated by gray zone challenges. Rather, we should aim to achieve favorable outcomes by taking some practical steps to improve our ability to address them.

Our responses to gray zone challenges display several clear deficiencies. As separate U.S. government agencies strive to achieve their individual organizational goals, they seldom act in integrated ways to support wider government objectives….We also need to grow our non-military capabilities. Our gray zone actions are often overly militarized because the Department of Defense has the most capability and resources, and thus is often the default U.S. government answer…. Our counter-Daesh campaign is a perfect example. Thousands of airstrikes helped to check their rapid expansion, but the decisive effort against them will require discrediting their narrative and connecting the people to legitimate governing structures — areas where DoD should not have primacy.

Root Causes: Prudent strategies recognize root causes and address them. Daesh, for example, is merely symptomatic of the much larger problems of massive populations of disaffected Sunnis estranged from legitimate governance and a breakdown in the social order across much of Africa and the Middle East, which will worsen in coming years by economic and demographic trends. Daesh is also a prime example of gray zone challenges, since the legal and policy framework of how to attack a proto-state is highly ambiguous. Coalition aircraft started bombing Daesh in August of 2014, although the authorization for use of military force is still under debate a year later, highlighting the confusion on how to proceed.

[Develop and Nurture Surrogates to Fight China]

For example, China is both antagonistically asserting its questionable claims to specific islands  and atolls in the South China Sea while simultaneously expanding its import of raw materials from Africa. Instead of confronting China in the South China Sea directly, surrogates could, theoretically, be used to hold China’s African interests at risk in order to compel a more  favorable outcome of South China Sea disputes. Thus, the point of action (e.g., Africa) might be far removed from the point of effect (e.g., Asia), but the intent would be to alter the decision-making calculus regardless of geography. To be credible, such an approach requires  prep work every bit as important as the infrastructure behind our nuclear and conventional capabilities. Capable and trustworthy surrogates are the result of years of purposeful relationship nurturing,and the vast majority of the work should take place pre-crisis….

Changing our vocabulary could help yield better decisions in the gray zone. Adopting a business vocabulary and a “SWOT” model (strength, weakness, opportunity and threat) would open other opportunities not available in military decision-making models. Similar to the way businesses decide how to allocate capital, we would necessarily distinguish between opportunities and threats and have at least an estimate of our expected return on investment. Talking and thinking differently about national security in the gray zone would help us measure the oft-ignored opportunity costs and come up with some metric, however imperfect initially, to measure our expected return on investment for defense dollars.

Cost should be a significant up front consideration. For example, we famously refused to provide a cost estimate for Operation Iraqi Freedom, other than to know that $200 billion was ar too high. Assuming we established $200 billion as the top end to “invest” in
Iraq, it would at least force us to review our actions and evaluate our return on investment as we blew through initial estimates on our way to spending in excess of $2 trillion.

Excerpts from the Gray Zone, Special Warfare, Oct-Dec. 2015, Volume 28, Issue 4

Mosaic Warfare: how to fight like a network

DARPA’s Strategic Technology Office (STO) on August 4, 2017 unveiled its updated approach to winning or deterring future conflicts. The foundation of STO’s new strategy rests on the recognition that traditional U.S. asymmetric technology advantage—such as highly advanced satellites, stealth aircraft, or precision munitions—today offer a reduced strategic value because of growing global access to comparable high-tech systems and components, many of which are now commercially available. Additionally, the high cost and sometimes decades-long development timelines for new military systems can’t compete with the fast refresh rate of electronics component technology on the commercial market, which can make new military systems obsolete before they’re delivered.

STO’s updated strategy seeks a new asymmetric advantage—one that imposes complexity on adversaries by harnessing the power of dynamic, coordinated, and highly autonomous composable systems.

“We’ve developed a technology-based vision that would enable highly complex, strategic moves by composing multiple contributing systems to enable what might be thought of as ‘mosaic warfare,’ in which individual components can respond to needs in real time to create desired outcomes,” said Tom Burns, director of STO. “The goal is to fight as a network to create a chain of effects—or, more accurately because these effects are not linear, ‘effects webs’—to deter and defeat adversaries across multiple scales of conflict intensity. This could be anything from conventional force-on-force battles to more nebulous ‘Gray Zone’ conflicts, which don’t reach the threshold of traditional military engagements but can be equally disruptive and subversive.”

U.S. military power has traditionally relied upon monolithic military systems where one type of aircraft, for example, is designed to provide a single end-to-end capability tailored to a very specific warfighting context—and be a significant loss if shot down. In contrast, the composable effects webs concept seeks a mosaic-like flexibility in designing effects for any threat scenario. By using less expensive systems brought together on demand as the conflict unfolds, these effects webs would enable diverse, agile applications—from a kinetic engagement in a remote desert setting, to multiple small strike teams operating in a bustling megacity, or an information operation to counter an adversary spreading false information in a population threatening friendly forces and strategic objectives. Mosiacs can rapidly be tailored to accommodate available resources, adapt to dynamic threats, and be resilient to losses and attrition.

This means that even if an adversary can neutralize a number of pieces of the mosaic, the collective can instantly respond as needed to still achieve the desired, overall effect.”…The mosaic strategy is also anticipated to change the way the military thinks about designing and buying future systems. Instead of spending years or even decades building exquisite, monolithic systems to rigid requirements, future acquisition programs would be able to buy mosaic “tiles” at a rapid, continuous pace. The true power of the new capabilities will come from the composite mosaic effects.

The approach will draw in part on a number of existing DARPA programs that are developing enabling technologies to achieve the challenging mosaic warfare architecture, including: The Complex Adaptive System Composition And Design Environment (CASCADE) program is addressing composition of existing and new systems; the System of Systems Integration Technology and Experimentation (SoSITE) program is focused on integrating the various systems to work together; Distributed Battle Management (DBM) and Resilient Synchronized Planning and Assessment for the Contested Environment (RSPACE) are addressing battle management command and control; and Communications in Contested Environments (C2E) and Dynamic Network Adaptation for Mission Optimization (DyNAMO) are focused on seamless, adaptable communications and networking.

Excerpts from Strategic Technology Office Outlines Vision for “Mosaic Warfare”, DARPA Press Release, Aug. 4, 2017

Chinese Military Base in Africa: Djibouti

China is negotiating a military base in the strategic port of Djibouti, an historic development that would see the US and China each have bases in the small nation that guards the entrance to the Red Sea and the Suez Canal. President Ismail Omar Guelleh says that discussions are “ongoing” and that Beijing is “welcome”.  Djibouti is already home to Camp Lemonnier, the military headquarters used by US Special Forces for covert, anti-terror and other operations in Yemen and in Africa. France, the former colonial master, and Japan also have bases in the port, which is used by many foreign navies to fight piracy in neighbouring Somalia…

China signed a security and defence agreement with Djibouti in February 2014. But a Chinese military base in Djibouti, the first in Africa, “would definitely be historic”, according to David Shinn, a former US ambassador to Ethiopia.  The US was reportedly angry about the conclusion last year of the China-Djibouti defence deal last year. But Shinn predicts that the US will take it in its stride…

China is reportedly considering a permanent military base in Obock, Djibouti’s northern port city.  “China clearly has a goal of building a blue-water navy, which means it will at some point go well beyond the east coast of Africa and the western Indian Ocean, and it has to think — long term — about how it would be able to service its naval vessels as they go further and further, ” he explained.

Camp Lemonnier, home to 4,000 American citizens, is in the south-east of Djibouti. The US in May 2015 signed a 20-year lease, indicating its willingness to stay. Terms of the lease were not disclosed.

A new Chinese deep-sea port in Djibouti…could provide a boost to China’s sphere of influence, which already extends from the South China Sea, along the west coast of Myanmar to the Arabian-Sea coastal port of Gwadar, Pakistan — a major destination in the China-Pakistan Economic Corridor.  “Establishing these deep-sea ports is really about securing its economic interests, projecting influence and securing oil exports from the Gulf region,”…..

Trade between Africa and China, in excess of 200 billion dollars (180 billion euros), is above the continent’s trade with the European Union or the US.  In Djibouti, China is already financing major infrastructure projects estimated to total more than 9 billion dollars (8 billion euros), including improved ports, airports and railway lines….There was speculation that Russia also wanted to establish a presence in Djibouti, but the presence of Russian warships may have created even more controversy in western nations because of the crisis in the Ukraine.

Excerpts  Michel Arseneault, ‘Historic’ Chinese military base to open in Horn of Africa, Agence France Presse, May 11, 2015

Covert Ops Inside the United States

The federal government has significantly expanded undercover operations in recent years, with officers from at least 40 agencies posing as business people, welfare recipients, political protesters and even doctors or ministers to ferret out wrongdoing, records and interviews show.  At the Supreme Court, small teams of undercover officers dress as students at large demonstrations outside the courthouse and join the protests to look for suspicious activity, according to officials familiar with the practice.

At the Internal Revenue Service, dozens of undercover agents chase suspected tax evaders worldwide, by posing as tax preparers, accountants drug dealers or yacht buyers and more, court records show.  At the Agriculture Department, more than 100 undercover agents pose as food stamp recipients at thousands of neighborhood stores to spot suspicious vendors and fraud, officials said…But outside public view, changes in policies and tactics over the last decade have resulted in undercover teams run by agencies in virtually every corner of the federal government, according to officials, former agents and documents….

“Done right, undercover work can be a very effective law enforcement method, but it carries serious risks and should only be undertaken with proper training, supervision and oversight,” said Michael German, a former F.B.I. undercover agent who is a fellow at New York University’s law school. “Ultimately it is government deceitfulness and participation in criminal activity, which is only justifiable when it is used to resolve the most serious crimes.”…

the Drug Enforcement Administration stoked controversy after disclosures that an undercover agent had created a fake Facebook page from the photos of a young woman in Watertown, N.Y. — without her knowledge — to lure drug suspects.  And in what became a major political scandal for the Obama administration, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives allowed guns to slip into Mexico in 2011 in an operation known as Fast and Furious that involved undercover operations.  In response to that episode, the Justice Department issued new guidelines to prosecutors: …Before prosecutors approve such tactics, the previously undisclosed guidelines require that they consider whether an operation identifies a “clearly defined” objective, whether it is truly necessary, whether it targets “significant criminal actors or entities,” and other factors, the officials said.

Those guidelines apply only to the law enforcement agencies overseen by the Justice Department. Within the Treasury Department, undercover agents at the I.R.S., for example, appear to have far more latitude than do those at many other agencies. I.R.S. rules say that, with prior approval, “an undercover employee or cooperating private individual may pose as an attorney, physician, clergyman or member of the news media.”…

Oversight, though, can be minimal…Detailed reviews of the money spent by IRS in some of its undercover operations took as long as four and a half years to complete, according to a 2012 review by the Treasury Department’s inspector general.  Across the federal government, undercover work has become common enough that undercover agents sometimes find themselves investigating a supposed criminal who turns out to be someone from a different agency, law enforcement officials said. In a few situations, agents have even drawn their weapons on each other before realizing that both worked for the federal government…

It is impossible to tell how effective the government’s operations are or evaluate whether the benefits outweigh the costs, since little information about them is publicly disclosed. Most federal agencies declined to discuss the number of undercover agents they employed or the types of investigations they handled. The numbers are considered confidential and are not listed in public budget documents, and even Justice Department officials say they are uncertain how many agents work undercover….

At the Supreme Court, all of the court’s more than 150 police officers are trained in undercover tactics, according to a federal law enforcement official speaking on condition of anonymity because it involved internal security measures. At large protests over issues like abortion, small teams of undercover officers mill about — usually behind the crowd — to look for potential disturbances.The agents, often youthful looking, will typically “dress down” and wear backpacks to blend inconspicuously into the crowd, the official said…. The use of undercover officers is seen as a more effective way of monitoring large crowds.

A Supreme Court spokesman, citing a policy of not discussing security practices, declined to talk about the use of undercover officers. Mr. German, the former F.B.I. undercover agent, said he was troubled to learn that the Supreme Court routinely used undercover officers to pose as demonstrators and monitor large protests.  “There is a danger to democracy,” he said, “in having police infiltrate protests when there isn’t a reasonable basis to suspect criminality

Excerpt from ERIC LICHTBLAU and WILLIAM M. ARKINNOV,  More Federal Agencies Are Using Undercover Operations, NY Times, Nov 15, 2014

Bitcoin and US Military

The global policy counsel of the Bitcoin Foundation flew to Florida to meet with officials from U.S. Special Operations Command for a daylong discussion  on the role of so-called cryptocurrencies—of which bitcoin is the best known—in illicit finance… The military’s interest in virtual currency is part of an overall effort by special operations forces to understand how their enemies finance themselves, and what intelligence special operators can glean by following the illicit money…Defense officials said ISIS is part of a global dark network on the Internet that is involved in the use of virtual currency—although ISIS itself is “principally funded through means other than virtual currency.”

The invitation-only event, called simply the “Virtual Currency Workshop,” was held at an office building in downtown Tampa near MacDill Air Force Base where Special Operations Command is based,…It was organized by a little-known but highly influential group called Business Executives for National Security, which facilitates connections between American business leaders and the U.S. military.The group’s members include a who’s who of America’s corporate and financial elite, according to its website, including Jeff Bezos of Amazon, former AIG CEO Hank Greenberg and David Koch of Koch Industries.,,,

A key question for the officers in the room: Can the U.S. military trace bitcoin? “That’s a difficult question,”…  For the Bitcoin Foundation, which represents a broad array of libertarian technologists who can be skeptical of the U.S. government, meeting face-to-face with the national security establishment carries certain risks.  “This is the first time I’ve talked in an organized way with the U.S. military,” said Jim Harper, global policy counsel of the Bitcoin Foundation. For their part, the special operations officers said it’s their job to dive into and understand new communities. ” … The military officials said they are mindful of the civil liberties concerns involved in monitoring private financial transactions on the Internet. “Anytime we come across information about a U.S. citizen, that information is to be disposed of if it is discovered,” the official said. “Our purpose is never to disrupt legitimate businesses.”

Participants in the event said they agreed to hold it under “Chatham House rules” that barred them from identifying other attendees or revealing what was said.

Excerpts, Eamon Javers , Special Ops grill bitcoin for its terror fight, CNBC, Sept. 27, 2014

China’s Anti-Satellite Capabilities

Chinese media claimed on May 3, 2014 without reference to specific sources…that China has destroyed the control chip of a Japanese spy satellite with a secret weapon.  The attack reportedly happened when the satellite was tracking a Chinese J-20 stealth fighter jet in northwestern China. The satellite is the third Japanese spy satellite launched from Kagoshima, Japan….Chinese media goes on to claim that US analysts believe that China used the electromagnetic pulse weapon Poacher One in the attack. That is China’s top secret military research and development project.

The PLA’s electromagnetic weapon Poacher One is able to transmit an electromagnetic pulse of several megawatt continuously for one minute to destroy all military and civil electronic information and communications systems operating within a few kilometres. It can also destroy an enemy’s internal chips.  The report claims further that US military previously revealed that the PLA had sent a satellite near a US spy satellite and blinded it with spray of coating on its camera. PLA has lots of means to attack and interfere with satellites. US military is concerned that neutralisation of US satellites by PLA’s space force will be its nightmare in war.  However, the development of anti-satellite technology does not stop there. It may be the basis for the technology to intercept an ICBM. That will be a much greater worry for the US military.

Excerpt from CHANKAIYEE2 , China claims successful attack on Japanese military satellite; destroyed control chip with “secret weapon”, China Daily,  MAY 3, 2014

The FBI as a Paramilitary Force

With the war in Afghanistan ending, FBI officials have become more willing to discuss a little-known alliance between the bureau and the Joint Special Operations Command (JSOC) that allowed agents to participate in hundreds of raids in Iraq and Afghanistan.  The relationship benefited both sides. JSOC used the FBI’s expertise in exploiting digital media and other materials to locate insurgents and detect plots, including any against the United States. The bureau’s agents, in turn, could preserve evidence and maintain a chain of custody should any suspect be transferred to the United States for trial.

The FBI’s presence on the far edge of military operations was not universally embraced, according to current and former officials familiar with the bureau’s role. As agents found themselves in firefights, some in the bureau expressed uneasiness about a domestic law enforcement agency stationing its personnel on battlefields.

FBI’s Hostage Rescue Team (HRT)

The team’s mission was largely domestic, although it did participate in select operations to arrest fugitives overseas, known in FBI slang as a “habeas grab.” In 1987, for instance, along with the CIA, agents lured a man suspected in an airline hijacking to a yacht off the coast of Lebanon and arrested him.  In 1989, a large HRT flew to St. Croix, Virgin Islands, to reestablish order after Hurricane Hugo. That same year, at the military’s request, it briefly deployed to Panama before the U.S. invasion…

After Sept. 11, the bureau took on a more aggressive posture.

In early 2003, two senior FBI counterterrorism officials traveled to Afghanistan to meet with the Joint Special Operations Command’s deputy commander at Bagram air base. The commander wanted agents with experience hunting fugitives and HRT training so they could easily integrate with JSOC forces…Then-Lt. Gen. Stanley A. McChrystal gradually pushed the agency to help the military collect evidence and conduct interviews during raids…In 2005, all of the HRT members in Iraq began to work under JSOC. At one point, up to 12 agents were operating in the country, nearly a tenth of the unit’s shooters..But the FBI’s alliance with JSOC continued to deepen. HRT members didn’t have to get approval to go on raids, and FBI agents saw combat night after night in the hunt for targets…

FBI-JSOC operations continue in other parts of the world. When Navy SEALs raided a yacht in the Gulf of Aden that Somali pirates had hijacked in 2011, an HRT agent followed behind them. After a brief shootout, the SEALs managed to take control of the yacht.  Two years later, in October 2013, an FBI agent with the HRT was with the SEALs when they stormed a beachfront compound in Somalia in pursuit of a suspect in the Nairobi mall attack that had killed dozens.  That same weekend, U.S. commandos sneaked into Tripoli, Libya, and apprehended a suspected al-Qaeda terrorist named Nazih Abdul-Hamed al-Ruqai as he returned home in his car after morning prayers. He was whisked to a Navy ship in the Mediterranean and eventually to New York City for prosecution in federal court.  Word quickly leaked that Delta Force had conducted the operation. But the six Delta operators had help. Two FBI agents were part of the team that morning on the streets of Tripoli.

Adam Goldman and Julie Tate, Inside the FBI’s secret relationship with the military’s special operations, The Washington Post, Apr. 10, 2014

Cyberwar: USA Official Doctrine

 

In his first major speech [March 28, 2014] on cyber policy, Defense Secretary Chuck Hagel sough to project strength but also to tame perceptions of the United States as an aggressor in computer warfare, stressing that the government “does not seek to militarize cyberspace.”…

Hagel said that the fighting force at U.S. Cyber Command will number more than 6,000 people by 2016, making it one of the largest such ­forces in the world. The force will help expand the president’s options for responding to a crisis with “full-spectrum cyber capabilities,” Hagel said, a reference to cyber operations that can include destroying, damaging or sabotaging an adversary’s computer systems and that can complement other military operations.

But, Hagel said, the military’s first purpose is “to prevent and de-escalate conflict.” The Pentagon will maintain “an approach of restraint to any cyber operations outside of U.S. government networks.”  Although some U.S. adversaries, notably China and Russia, which also have formidable cyber capabilities, may view his remarks with skepticism, Hagel said the Pentagon is making an effort to be “open and transparent” about its cyber­forces and doctrine. The hope, senior officials said, is that transparency will lead to greater stability in cyberspace.  To underscore the point, Hagel’s speech was broadcast live from NSA headquarters at Fort Meade, the first such broadcast from the agency…

Tensions over U.S. cyber operations intensified again last weekend after a report that the NSA had penetrated the networks of a Chinese telecommunications giant, Huawei Technologies, in search of evidence that it was involved in espionage operations for Beijing and to use its equipment to spy on adversaries such as Iran. After the disclosure, first reported by the New York Times and Der Spiegel, China demanded a halt to any such activity and called for an explanation…

Analysts said that China and Russia were unlikely to be convinced by Hagel’s remarks. Revelations about the NSA’s activities, based on documents provided by former contractor Edward Snowden, make U.S. assertions that it is focused on protecting U.S. national security — and not actively infiltrating others’ networks — that much harder to accept, they said.

Excerpts from: Ellen Nakashima, U.S. cyberwarfare force to grow significantly, defense secretary says, Washington Post, Mar. 28, 2014

See also http://www.defense.gov/news/newsarticle.aspx?id=121928

 

How to Spot Secret Nuclear Reactors

The International Atomic Energy Agency (IAEA) works with its Member States to promote safe, secure and peaceful nuclear technologies. In a context of international tension and nuclear renaissance, neutrino detectors could help IAEA to enforce the Treaty on the Non-Proliferation of Nuclear Weapons (NPT)…[A] futuristic neutrino application could help detect and localize an undeclared nuclear reactor from across borders. The SNIF (Secret Neutrino Interactions Finder) concept proposes to use a few hundred thousand tons neutrino detectors to unveil clandestine fission reactors….The proposed detector will fit inside an oil supertanker. The main challenge would be to operate such a huger detector (138,000 tons) underwater.

Excerpt Thierry Lasserre et al, SNIF: A Futuristic Neutrino Probe for Undeclared Nuclear Fission Reactors, Nov. 16, 2010

 

 

Saudi Arabia Not Happy Iraq Gets Drones

The report that America’s drone war has assumed frightening proportions under President Barack Obama should surprise no one. It took only three days for the new commander-in-chief to order his first covert drone strike.  On Jan. 23, 2009, a CIA drone flattened a house in Pakistan’s tribal region. At least nine civilians died, most of them from one family. The lone survivor, a 14-year-old boy, had shrapnel wounds in his stomach and a fractured skull. He lost one eye. Later that day, the CIA leveled another house killing between five and ten people

A week after Obama received the Nobel Peace Prize, a missile slammed into a hamlet in Yemen, hitting one of the poorest tribes in the poorest country in Arabian Peninsula. At least 41 civilians were killed, including 21 children and five pregnant women.  Not only has the number of drone strikes and the resulting civilian casualties increased under Obama’s watch, but he has also widened the scope of the drone war to include new countries like Yemen and Somalia. Missile strikes from unmanned drones killing unmentionable numbers of people are now the crucial component of America’s war on terror. Across Pakistan, Yemen and Somalia, the Obama administration has launched more than 390 drone strikes in the five years since the first attack On Jan. 23, 2009 – eight times as many as were launched in the entire Bush presidency. These strikes have killed more than 2,400 people, overwhelming majority of them civilians…

A convoy taking a Yemeni bride to her wedding came under attack on Dec. 12, 2013 causing the biggest single loss of civilian life from a US strike for more than a year in that country. President Bush ordered a single drone strike in Yemen, killing six people in 2002. Under Obama, the CIA and the Pentagon have launched at least 58 drone strikes on the country killing more than 281 people, including at least 24 civilians.

The UN General Assembly passed a resolution on Dec. 18, 2013 calling on states using drone strikes as a counterterrorism measure to comply with their obligations under international law and the UN Charter. Amnesty International released a report on Oct. 22, 2013 raising serious concerns about several recent drone strikes that appear to have killed civilians outside the bounds of the law. Pakistan High Court Chief Justice Dost Muhammad Khan issued a ruling on May 9, 2013 declaring the ongoing US drone strikes against tribal areas illegal under international law and saying they amount to “war crimes” when they kill innocents.

But rather than addressing such global concerns, the Obama administration is sending drones to Iraq, adding a sinister dimension to the sectarian strife there. The Iraqi government will get 48 drones this month and 10 surveillance drones in upcoming weeks.

Drone deaths on the rise, Saudi Gazette,  Jan 27, 2014

Double-Tap Drone Strikes: attacking rescuers

A field investigation by the Bureau of Investigative Journalism in Pakistan’s tribal areas appears to confirm that the Central Intelligence Agency (CIA) last year briefly revived the controversial tactic of deliberately targeting rescuers at the scene of a previous drone strike. The tactic has previously been labelled a possible war crime by two UN investigators.  The Bureau’s new study focused mainly on strikes around a single village in North Waziristan – attacks that were aimed at one of al Qaeda’s few remaining senior figures, Yahya al-Libi. He was finally killed by a CIA drone strike on June 4 2012. The Bureau’s field researcher found five double-tap strikes took place in mid-2012, one of which also struck a mosque.

Congressional aides have previously been reported as describing to the Los Angeles Times reviewing a CIA video showing Yahya al-Libi alone being killed. But the Bureau’s field research appears to confirm what others reported at the time – that al-Libi’s death was part of a sequence of strikes on the same location that killed up to 16 people.  If correct, that would indicate that Congressional aides were not shown crucial additional video material.

The CIA has robustly rejected the charge. Spokesman Edward Price told the Bureau: ‘The CIA takes its commitment to Congressional oversight with the utmost seriousness. The Agency provides accurate and timely information consistent with our obligation to the oversight Committees. Any accusation alleging otherwise is baseless.’

The Bureau first broke the story of the CIA’s deliberate targeting of rescuers in a February 2012 investigation for the Sunday Times. It found evidence of 11 attacks on rescuers – so-called ‘double-tap’ strikes – in Pakistan’s tribal areas between 2009 and 2011, along with a drone strike deliberately targeting a funeral, causing mass casualties.  Reports of these controversial tactics ended by July 2011. But credible news reports emerged a year later indicating that double-tap strikes had been revived.  International media including the BBC, CNN and news agency AFP variously reported that rescuers had been targeted on five occasions between May 24 and July 23 2012, with a mosque and prayers for the dead also reportedly bombed.

The Bureau commissioned a report into the alleged attacks from Mushtaq Yusufzai, a respected journalist based in Peshawar, who reports regularly for NBC and for local paper The News.  Over a period of months, Yusufzai – who has extensive government, Taliban and civilian contacts throughout Waziristan – built up a detailed understanding of the attacks through his sources.  His findings indicate that five double-tap strikes did indeed take place again in mid-2012, one of which also struck a mosque. In total 53 people were killed in these attacks with 57 injured, the report suggests.  Yusufzai could find no evidence to support media claims that rescuers had been targeted on two further occasions.  No confirmed civilian deaths were reported by local communities in any of the strikes. A woman and three children were reportedly injured in one of the attacks. Yusufzai says: ‘It is possible some civilians were killed, but we don’t know’.

However a parallel investigation by legal charity Reprieve reports that eight civilians died in a double-tap strike on July 6 2012 (see below), with the possibility of further civilian deaths in a July 23 attack.  Islamabad-based lawyer Shahzad Akbar says Reprieve’s findings are based on interviews with villagers from affected areas…

The rescuer strikes examined by Yusufzai all appear to have been aimed at very senior militants – so-called High Value Targets. Under international humanitarian law, the greater the threat a target represents, and the more imminent that threat is deemed to be, the greater the leeway for targeting. The Bureau’s findings suggest that strikes on rescuers are still permitted in certain circumstances, such as in the pursuit of a high value target such as Yahya al-Libi….

Bureau field researcher Mushtaq Yusufzai notes that civilians now rarely appear to take part in rescue operations, and are often prevented from doing so by militants. They also fear further CIA attacks, he says.

Chris Woods,Bureau investigation finds fresh evidence of CIA drone strikes on rescuers, Aug. 1, 2013

Pakistan Knows about US Drone Strikes

Pakistan reached an understanding with the United States on drone strikes targeting Islamist militants and the attacks can be useful, according leaked remarks from a former intelligence chief.

Pakistan publicly condemns US missile attacks on Taliban and Al-Qaeda operatives as a violation of its sovereignty, but the new revelations are the latest sign of double-dealing in private…Ahmed Shuja Pasha, who headed Pakistan’s premier Inter-Services Intelligence (ISI) agency at the time of bin Laden’s killing in 2011, told investigators that drone strikes had their uses.  “The DG (director general) said there were no written agreements. There was a political understanding,” the report said.

The Americans had been asked to stop drone strikes because they caused civilian casualties, but “it was easier to say no to them in the beginning, but ‘now it was more difficult’ to do so,” it quoted the former spymaster as saying.  “Admittedly the drone attacks had their utility, but they represented a breach of national sovereignty. They were legal according to American law but illegal according to international law,” the report quoted the ISI chief as saying.  He also confirmed that Shamsi air base, in southwestern Pakistan, had been used for US drone strikes against people in the country.  Pakistan ordered US personnel to leave the base after botched US air strikes killed 24 Pakistani soldiers in November 2011.

His interviews also laid bare extraordinary levels of distrust between Pakistan and the United States, particularly in 2011 when relations plummeted over the US raid that killed bin Laden and a CIA contractor who shot dead two Pakistanis.  Pasha said US arrogance “knew no limits” and accused the Americans of waging “psychological warfare” over the whereabouts of Taliban leader Mullah Omar and bin Laden’s successor Ayman al-Zawahiri.  He quoted a US intelligence officer as saying “you are so cheap… we can buy you with a visa,” and said himself that systemic failures showed Pakistan was a “failing state”.  The Pakistani report condemned the US raid as an “American act of war” and said the military should have responded much more quickly to a three-hour operation, 100 miles inside its territory.  It was Pakistan’s “greatest humiliation” since East Pakistan seceded in 1971, it said.

Pakistan-US had ‘understanding’ on drone strikes, AFP, July 9, 2013

Hunter and Killer Drones

The Pentagon is discussing the possibility of replacing human drone operators with computer algorithms, especially for ‘signature strikes‘ where unknown targets are killed simply because they meet certain criteria. So what characteristics define an ‘enemy combatant’ and where are they outlined in law?

Drone strikes and targeted killings have become the weapon of choice for the Obama administration in their ongoing war against terrorists. But what impact is this technology having, not only on those who are the targets (both intended and unintended), but on the way we are likely to wage war in the future?

John Sifton is the advocacy director for Asia at Human Rights Watch, and says that while drones are currently controlled remotely by trained military personnel, there are already fears that the roving killing machines could be automated in the future.  ‘One of the biggest concerns human rights groups have right now is the notion of a signature strike,’ he says. ‘[This is] the notion that you could make a decision about a target based on its appearance. Say—this man has a Kalashnikov, he’s walking on the side of the road, he is near a military base. He’s a combatant, let’s kill him. That decision is made by a human right now, but the notion that you could write an algorithm for that and then program it into a drone… sounds science fiction but is in fact what the Pentagon is already thinking about. There are already discussions about this, autonomous weapons systems.’‘That is to human rights groups the most terrifying spectre that is currently presented by the drones.’

Sarah Knuckey is the director of the Project on Extrajudicial Executions at New York University Law School and an advisor to the UN. She says the way that drones are used to conduct warfare is stretching the limits of previous international conventions and is likely to require new rules of engagement to be drawn up…The rules of warfare built up after World War II to protect civilians are already hopelessly outdated, she says. The notion of border sovereignty has already been trashed by years of drone strikes, which she estimates have targeted upwards of 3,000 individuals, with reports of between 400 and 800 civilian casualties.

Excerpt from Annabelle Quince, Future of drone strikes could see execution by algorithm, May 21, 2013

US Special Operations in 70 Countries

Not long after Adm. William H. McRaven led the mission to kill Osama bin Laden, he was put in charge of the nation’s entire contingent of Special Operations forces, and set to work revamping them to face a widening array of new threats as America’s combat role in the Middle East and southwest Asia winds down….Admiral McRaven’s goal is to recast the command from its popular image of commandos killing or capturing terrorists, and expand a force capable of carrying out a range of missions short of combat — including training foreign militaries to counter terrorists, drug traffickers and insurgents, gathering intelligence and assessing pending risk, and advising embassies on security.

But along the way, the ambitious Admiral McRaven has run into critics who say he is overreaching, or as one Congressional critic put it, “empire building” at a time when the military is shrinking its footprint in Afghanistan and refocusing on other hot spots around the world. Congress has blocked, at least temporarily, an idea to consolidate several hundred of the command’s Washington-based staff members in a $10 million-a-year satellite office here, saying it would violate spending limits on such offices.

At the same time, Admiral McRaven has also faced criticism that he is encroaching on the turf of the military’s traditionally powerful regional commanders. Shortly before leaving the Pentagon, former Defense Secretary Leon E. Panetta granted Admiral McRaven new authority to make staffing decisions in the Special Operations units assigned to the regional commanders. While they will still have the final say on missions in their region, Admiral McRaven will now have the ability to allocate the much sought-after 11,000 deployed Special Operations forces where he determines intelligence and world events indicate they are most needed.

Indeed, in the past year, the command has conducted three classified exercises to determine where it can expand Special Operations forces in regions where they have not operated in large numbers for the past decade, especially in Asia, Africa and Latin America.

As for the office he has sought in Washington, Admiral McRaven couches his plans to consolidate the command’s disparate operations into a new “National Capital Region” office in similar reform-minded terms, telling Congress in April that it would “better support coordination and decision-making” with other federal agencies.  Supporters described the plan as a management efficiency for the 373 people serving as liaison officers scattered in dozens of executive branch departments and the intelligence community, as well as members of a legislative affairs office that has operated here since the mid-1980s.  If the plan is approved, an additional 70 Special Operations personnel could be assigned to the Washington office. By comparison, the Central Command, which oversees the Middle East and South Asia, has just 15 people in Washington. The Africa Command has 10. The headquarters would be overseen by a three-star officer and is envisioned to have an annual budget of $10 million, although some of that money is already in the command’s budget for staff assigned to duties here.

Admiral McRaven’s proposals have run afoul of Congress before. Last spring [2012], the Special Operations Command sought approval for new authority from Congress to train foreign internal security forces that had been off limits to the American military… Statistics provided by Special Operations Command noted that in any given week, its personnel were operating in more than 70 countries. During one week in March (2012), for example, the command had teams in 92 nations.  Until now, those troops have been financed through the geographic commands in the Middle East, Africa, Europe or Latin America….The goal, command officials say, is not just improving their quality but also improving their coordination with foreign troops and diplomats. The command has sent liaison officers to 10 United States embassies worldwide – Australia, Canada, Britain, Jordan, Poland, Colombia, France, Turkey, Kenya and Italy – to advise indigenous special forces and coordinate activities with those troops.

Nearly a decade ago a similar experiment to place small teams of Special Operations troops in American embassies to gather intelligence on terrorists and to prepare for potential missions to disrupt, capture or kill them, backfired.  In one case, members of the “military liaison elements” in Paraguay were pulled out of the country after killing an armed robber who attacked them. The shooting had nothing to do with their mission, but the episode embarrassed senior embassy officials, who had not been told the team was operating in the country.

Admiral McRaven says those early problems have been ironed out, and his troops carry out missions only with the approval of the regional American commander and the United States ambassador in that country.

ERIC SCHMITT and THOM SHANKER, A Commander Seeks to Chart a New Path for Special Operations, New York Times, May 1, 2013

 

Killing Unknown Extremists: drones

The US government was accused of hiding the truth about its drone programme after leaked intelligence files revealed that it was targeting unidentified militants who posed no immediate threat to the United States.

Despite President Barack Obama’s public promise that the CIA’s armed Predators and Reapers were only firing on those suspected of plotting against America, top-secret documents show that in one year alone almost half of those killed were simply listed as “unknown extremists”. The documents, obtained by US news agency McClatchy, also reveal Pakistan’s intelligence agency was co-operating with the US at the same time as its government was condemning drone strikes on its soil.  “There is now mounting evidence that the Obama administration is misleading the American public – and the world at large – about the drone war it is waging in Pakistan,” said Jennifer Gibson, a lawyer working with the British human rights charity Reprieve.

“The reports show a significant number of the strikes have nothing to do with al-Qa’ida. Instead, they may have been a quid pro quo exchange between two countries’ spy agencies. The result is that the US often doesn’t know who it is killing.”

The US has come under increasing international pressure to open up its decision-making process to scrutiny following claims that the drone programme has killed hundreds of civilians among an estimated death toll of 2,500, predominantly in Pakistan and Yemen. Preparations are in place to transfer more control of the programme from the CIA to the Pentagon, in a move said to herald greater transparency.

The US intelligence reports leaked to McClatchy covered, its reporters said, most of the drone strikes in Pakistan during 2006 to 2008 as well as 2010 to 2011. Most of the attacks targeted al-Qa’ida but many were aimed at the Haqqani network and factions of the Pakistani Taliban.  At least 265 of the 482 people killed by the CIA programme in the 12 months up to September 2011 were listed as Afghan, Pakistani or “unknown extremists”.This contrasts sharply with US administration’s claim that drones are only used to target “senior operational leaders” in al-Qa’ida, those involved in the 11 September 2001 attacks or individuals plotting imminent attacks on the US.

Last night a spokesman for the US Department of Defence said neither they nor the CIA commented on intelligence matters

Excerpt, Terri Judd US drones target low-level militants who pose no threat, Independent, April 10, 2013

SeaWeb Live: drones, mules & gliders

UUVs [unmanned underwater vehicles]  will probably play a bigger role as roving wireless nodes that increase the reach of underwater networks. The latest “glider” UUVs consume very little battery power…. Already, gliders serving as “mules” are descending to sensors in deep water where they acoustically collect information. They then ascend to the surface and send the data via radio, says David Kelly, chief executive of Bluefin Robotics, which provides UUVs to half a dozen navies.

The US Navy has ordered several gliders to form underwater mobile networks. With no engine noise, a stealthy “swarm” of gliders could monitor submarines and ships entering a strait, for example, surfacing to transmit their findings. Floating gateway nodes, dropped from the air, allow messages to be sent to submerged devices via low-frequency acoustic signals. This scheme, known as Deep Siren and developed by Raytheon, an American defence contractor, has been tested by the British and American navies.

“Underwater networking will put an end to the ‘data starvation’ experienced by submarines”.  The combination of acoustic signalling and UUVs, which can deliver data physically, will put an end to the “data starvation” experienced by submarines, as America’s submarine command described it in a report last year. Often incommunicado, subs have been condemned to “lone wolf” roles, says Xavier Itard, head of submarine products at DCNS, a French shipbuilder. His firm is developing a funnel-shaped torpedo-tube opening that would make it easier for a UUV to dock with a submarine. Being able to send messages quickly via acoustic networks would enable submarines to take on more tactical roles—inserting special forces when needed to a nearby battlefield, say, or supporting ground operations by launching cruise missiles from the depths.

The Soviet-built ELF radio system remains a “backbone” of Russia’s submarine communications, according to a Norwegian expert. But in a clear vote of confidence in newer technologies, America shut down its own system in 2004. Thanks to steady progress in undersea networks, what was once a technological marvel was, a US Navy statement explained, “no longer necessary”. Whether via sound waves, laser pulses, optical fibres or undersea drones, there are now better ways to deliver data underwater.

Excerpt , Underwater networking: Captain Nemo goes online, Economist Technology Quarterly, Mar. 9, 2013, at 7

Drone Warfare Goes Mainstream: like it

occupy drone warfare.  Image from https://www.facebook.com/OccupyDroneWarfare

Rand Paul’s filibuster (March 2012) drew renewed attention to the U.S. government’s program of drone warfare. Paul’s focus — whether Obama believed that he could legally authorize a drone strike on a U.S. citizen on American soil — ultimately earned a direct response from Attorney General Eric Holder.

But  the main targets of drones have been mostly foreigners living in countries like Afghanistan, Pakistan and Yemen. The irony, given all the attention and some plaudits given to Paul’s filibuster, is that most Americans support the use of drones to fight terrorists abroad. While Paul inveighed against a hypothetical killing, the actual killings that do happen are not that controversial in the minds of most Americans. An open question, however, is whether their minds could be changed.

Only last month, the Pew Center asked a random sample of Americans whether they supported “the United States conducting missile strikes from pilotless aircraft called drones to target extremists in countries such as Pakistan, Yemen, and Somalia?” A majority, 56 percent, approved while 26 percent disapproved and 18 percent were not sure — numbers similar to two 2012 polls.

In fact, drone strikes attracted roughly similar amounts of support from across the partisan spectrum: 68 percent of Republicans approved, as did 58 percent of Democrats and 51 percent of independents. A pattern of relative bipartisanship is not all that common in public opinion today, but it is predictable in this case. When leaders in the two parties don’t really disagree on something, there is no reason for partisans in the public to disagree either. In John Zaller’s magisterial account of how public opinion is formed and evolves, he refers to a pattern of bipartisanship like this one as a “mainstream effect.” Like it or not, drone warfare has become so common that “mainstream” does not sound inapt.

Thus, there is little reason to expect public opinion about the drone program to change without concerted and prolonged dissent from political leaders. That does not seem to be forthcoming. Paul’s dissent — which didn’t even emphasize foreign targets of American drones — was met with harsh rebuttals from Lindsay Graham, John McCain and the Wall Street Journal editorial page. Democrats were not exactly rushing to stand with Paul either.

Would dissent from Capitol Hill make any difference? Actually, it might. Some evidence suggests public support for drone warfare is soft. The Pew survey provides hints of that. The main concern about drones — one that 53 percent of the public was “very concerned” about — was civilian casualties, which occur with some regularity…

Excerpts from Ezra Klein, Most Americans approve of foreign drone strikes, Washington Post. Mar. 8, 2013

Rape is a Way of Life in Congo

The U.N. peacekeeping mission in the Democratic Republic of Congo has threatened to stop supporting two Congolese army battalions unless soldiers accused of raping scores of women in an eastern town are prosecuted, said a senior U.N. official.  The United Nations said 126 women were raped in Minova in November 2012 after Congolese troops fled to the town as so-called M23 rebels briefly captured the nearby provincial capital of Goma.

The senior U.N. official, speaking on condition of anonymity, said the two Congolese battalions had been told to start prosecuting soldiers accused of raping the women in Minova this month or they would lose the support of U.N. peacekeepers, Reuters reports.  “Many rapes were committed. We have investigated, we have identified a number of cases and we demand that the Congolese authorities take action legally against those people,” said the official. He did not say how many soldiers had been accused. “Since nothing sufficient has happened at this stage we have already put two units of the armed forces of Congo on notice that if they do not act promptly we shall cease supporting them,” he said. “They have to shape up.”

U.N. spokesman Martin Nesirky said in December that alleged human rights abuses were committed in and around Minova between November 20 and November 30, including the 126 rapes and the killing of two civilians. Nesirky said at the time that two soldiers were charged with rape, while seven more were charged with looting.  The U.N. peacekeeping mission in Congo, known as MONUSCO, has a mandate to protect civilians and supports operations by the Congolese army. There are more than 17,000 troops in Congo – a country the size of Western Europe.

Peacekeepers have been stretched thin by the M23 rebellion in the resource-rich east of Congo and the U.N. Security Council is considering creating a special intervention force, which one senior council diplomat has said would be able to “search and destroy” the M23 rebels and other armed groups in the country.  M23 began taking parts of eastern Congo early last year, accusing the government of failing to honor a 2009 peace deal. That deal ended a previous rebellion and led to the rebels’ integration into the army, but they have since deserted.

African leaders signed a U.N.-mediated accord late last month aimed at ending two decades of conflict in eastern Congo and paving the way for the intervention force

U.N. threatens to stop working with Congo army units accused of rape, Reuters, Mar. 8, 2013

 

Inside the CIA: the Scorpions

The rapid collapse of a U.S. diplomatic compound in Libya exposed the vulnerabilities of State Department facilities overseas. But the CIA’s ability to fend off a second attack that same night provided a glimpse of a key element in the agency’s defensive arsenal: a secret security force created after the Sept. 11, 2001, attacks.  Two of the Americans killed in Benghazi were members of the CIA’s Global Response Staff, an innocuously named organization that has recruited hundreds of former U.S. Special Forces operatives to serve as armed guards for the agency’s spies.   The GRS, as it is known, is designed to stay in the shadows, training teams to work undercover and provide an unobtrusive layer of security for CIA officers in high-risk outposts.  But a series of deadly scrapes over the past four years has illuminated the GRS’s expanding role, as well as its emerging status as one of the CIA’s most dangerous assignments.

Of the 14 CIA employees killed since 2009, five worked for the GRS, all as contractors. They include two killed at Benghazi, as well as three others who were within the blast radius on Dec. 31, 2009, when a Jordanian double agent detonated a suicide bomb at a CIA compound in Khost, Afghanistan.  GRS contractors have also been involved in shootouts in which only foreign nationals were killed, including one that triggered a diplomatic crisis. While working for the CIA, Raymond Davis was jailed for weeks in Pakistan last year after killing two men in what he said was an armed robbery attempt in Lahore. (pdf from cryptome.org)

The increasingly conspicuous role of the GRS is part of a broader expansion of the CIA’s paramilitary capabilities over the past 10 years. Beyond hiring former U.S. military commandos, the agency has collaborated with U.S. Special Operations teams on missions including the raid that killed Osama bin Laden and has killed thousands of Islamist militants and civilians with its fleet of armed drones.

CIA veterans said that GRS teams have become a critical component of conventional espionage, providing protection for case officers whose counterterrorism assignments carry a level of risk that rarely accompanied the cloak-and-dagger encounters of the Cold War.  Spywork used to require slipping solo through cities in Eastern Europe. Now, “clandestine human intelligence involves showing up in a Land Cruiser with some [former] Deltas or SEALs, picking up an asset and then dumping him back there when you are through,” said a former CIA officer who worked closely with the security group overseas.  Bodyguard details have become so essential to espionage that the CIA has overhauled its training program at the Farm — its case officer academy in southern Virginia — to teach spies the basics of working with GRS teams.

The security apparatus relies heavily on contractors who are drawn by relatively high pay and flexible schedules that give them several months off each year. In turn, they agree to high-risk assignments in places such as Benghazi and are largely left on their own to take basic precautions, such as finding health and life insurance.

Current and former U.S. intelligence officials said the GRS has about 125 employees working abroad at any given time, with at least that many rotating through cycles of training and off-time in the United States.  At least half are contractors, who often earn $140,000 or more a year and typically serve 90- or 120-day assignments abroad. Full-time GRS staff officers — those who are permanent CIA employees — earn slightly less but collect benefits and are typically put in supervisory roles.  The work is lucrative enough that recruiting is done largely by word of mouth, said one former U.S. intelligence official. Candidates tend to be members of U.S. Special Forces units who have recently retired, or veterans of police department SWAT teams.  Most GRS recruits arrive with skills in handling the weapons they will carry, including Glock handguns and M4 rifles. But they undergo additional training so they do not call attention to the presence or movements of the CIA officers they are in position to protect.

Although the agency created the GRS to protect officers in war zones such as Iraq and Afghanistan, it has been expanded to protect secret drone bases as well as CIA facilities and officers in locations including Yemen, Lebanon and Djibouti.  In some cases, elite GRS units provide security for personnel from other agencies, including National Security Agency teams deploying sensors or eavesdropping equipment in conflict zones, a former special operator said. The most skilled security operators are informally known as “scorpions.”  “They don’t learn languages, they’re not meeting foreign nationals and they’re not writing up intelligence reports,” a former U.S. intelligence official said. Their main tasks are to map escape routes from meeting places, pat down informants and provide an “envelope” of security, the former official said, all while knowing that “if push comes to shove, you’re going to have to shoot.”

The consequences in such cases can be severe. Former CIA officials who worked with the GRS still wince at the fallout from Davis’s inability to avoid capture as well as his decision to open fire in the middle of a busy street in Pakistan. The former security contractor, who did not respond to requests for comment, said he was doing basic “area familiarization” work, meaning learning his surroundings and possibly mapping routes of escape, when he was confronted by two Pakistanis traveling by motorcycle.  Davis became trapped at the scene, and his arrest provoked a diplomatic standoff between two tense allies in the fight against terrorism.  The CIA took heavy criticism for the clumsiness of the Davis episode, temporarily suspending the drone campaign in Pakistan before U.S. payments to the families of the men Davis had killed helped secure his release.

Excerpt, Greg Miller and Julie Tate, CIA’s Global Response Staff emerging from shadows after incidents in Libya and Pakistan, Washington Post. Dec. 26, 2012

The CIA Drone Program and Right to Information

A London court  has ruled against examining intelligence-sharing by [Government Communications Headquarters] GCHQ  that leads to CIA drone strikes, claiming it would ‘imperil relations’ with the US.   The case was brought by Noor Khan, a Pakistani national whose father was killed in a drone strike in March 2011. The strike, which killed over 40 people, mostly civilians who had gathered to resolve a mining dispute, is one of the bloodiest on record. Khan has also launched court action against drone strikes in Pakistan. His UK case was supported by legal charity Reprieve and solicitors Leigh Day & Co.

Khan’s lawyers argued that in cases where the UK shared intelligence with the US security services on the location of suspects, knowing that this may be used to kill them with drone strikes, the GCHQ agents responsible may be committing crimes including accessory to murder. The case was an application for a judicial review of the UK’s intelligence-sharing policy in cases where the information might lead to drone strikes.  But Lord Justice Moses and Mr Justice Simon yesterday rejected the application.  ‘It is plain, from the nature of the claims, that the purpose of the proceedings in England and in Pakistan is to persuade a court to do what it can to stop further strikes by drones operated by the United States,’ said Lord Justice Moses in his written response.  He cited a legal principle whereby ‘the courts will not sit in judgment on the sovereign acts of a foreign state’; breaking with this principle would ‘imperil relations between the states,’ he added.

In order to decide whether GCHQ agents might be open to prosecution if they shared information with the CIA that was used to target drone strikes, a UK court would have to rule on whether the CIA’s campaign in Waziristan could be considered a formal war, as this would allow the agents to claim combatant immunity.  ‘I reject the suggestion that the argument can be confined to an academic discussion as to the status of the conflict in North Waziristan,’ wrote Lord Justice Moses. ‘The claimant cannot demonstrate that his application will avoid, during the course of the hearing and in the judgment, giving a clear impression that it is the United States’ conduct in North Waziristan which is also on trial.’  ‘

The government has never officially confirmed or denied sharing intelligence for drone attacks, although in 2010, a Sunday Times article quoted ‘insiders’ claiming GCHQ had shared information about the locations of al Qaeda and Taliban commanders in both Afghanistan and Pakistan. GCHQ told the Sunday Times all intelligence sharing was in ‘strict accordance’ with the law.

Noor Khan announced he would appeal the decision. Rosa Curling, of Khan’s solicitors Leigh Day & Co, said: ‘We are disappointed that the court has decided not to engage in this very important issue, leaving our client no option but to appeal the decision. This claim raises very serious questions and issues about the UK’s involvement in the CIA drone attacks in Pakistan. This case seeks to determine the legality of intelligence sharing in relation to GCHQ assistance in CIA drone strikes.’  Kat Craig, legal director of Reprieve, said: ‘By avoiding judicial scrutiny over drone attacks, combined with its ongoing attempts to push through secret courts, this government is showing a disturbing desire to put itself above the law… If the Government is supporting the CIA’s campaign of drone strikes which are illegal, the British public have the right to know.’

Alice K Ross, High court rejects first UK challenge to CIA’s drone campaign, Bureau of Investigative Journalism, Dec. 22, 2012

Why UN is Failing Congo?

The United Nations said it had launched a comprehensive review of its Congo peacekeeping mission, which suffered a severe blow to its image last month after it stood aside and let rebels seize control of a major eastern city.  But U.N. Security Council diplomats and officials said any changes in the U.N.’s largest peacekeeping force would matter little if authorities in the Democratic Republic of the Congo did not improve their own army, and neighbouring Rwanda and Uganda continued to finance, equip and train rebel groups in mineral-rich eastern Congo.  U.N. officials have defended the U.N. Congo force, MONUSCO, for not preventing the well-equipped M23 rebels from taking the eastern city of Goma last month.  They said any attempt to have done so would have put Goma’s civilian population at risk. But they are painfully aware of the damage to the image of the mission, which U.N. officials say has been quite effective over the years, in Congo and across Africa.  “MONUSCO’s reputation has been severely damaged in the DRC and the region,” a U.N. diplomat told Reuters on condition of anonymity. “The U.N. is looking closely at MONUSCO now to consider whether there can be changes.

U.N. peacekeeping spokesman Kieran Dwyer said the United Nations was launching a comprehensive assessment of MONUSCO, and diplomats said U.N. Secretary-General Ban Ki-moon would present the results to the Security Council early next year…

One idea U.N. officials are considering is the creation of an “enforcement wing” of MONUSCO, that would take a more robust approach to dealing with insurgents in eastern Congo, U.N. diplomats and officials told Reuters on condition of anonymity.  “The idea would be to create a wing of MONUSCO that would do more than simply support the FARDC (Congolese army) but could take on more difficult battlefield tasks,” an envoy said.   Details are sketchy, since the review has just begun. But the idea is that the enforcement wing and the international neutral force could deploy along the Rwandan border, possibly with a separate, beefed-up mandate from the rest of MONUSCO, though they would all be part of the same overall mission.  Diplomats said the idea would have to be approved by troop-contributing countries and the Security Council.

A U.N. panel of experts has said M23 rebels are getting money, sophisticated equipment, training and reinforcements from Rwanda, as well as some additional support from Uganda. Analysts, diplomats and U.N. officials say Rwanda and Uganda have been interfering in eastern Congo for many years.  Rwanda and Uganda deny the charges….

It is not the first time Goma residents have felt let down by blue-helmeted U.N. troops. In 2008, the Security Council increased the size the peacekeeping force by 3,000 troops to help Congo’s weak army confront Tutsi rebels in eastern Congo.  At that time, angry displaced people and residents rioted and hurled stones at the peacekeepers, accusing them of failing to protect them from raping and pillaging Tutsi rebels led by renegade General Laurent Nkunda.  Despite recent setbacks sparked by the M23 rebellion and political instability in Congo, U.N. officials and diplomats say MONUSCO has done much good in Congo, which has seen five different peacekeeping forces over the last five decades…One problem in eastern Congo is that the army itself is in shambles. Not only is it widely seen as incapable of providing security in the region, it routinely faces accusations of rape and other atrocities.  Another problem is the weakness of President Joseph Kabila’s government, which has virtually no control over eastern Congo, an area the size of France. U.N. officials have spoken of Rwanda’s de facto annexation of Congo’s eastern provinces.

By Louis Charbonneau, U.N. launches review of Congo force with battered reputation, Reuters, Dec 13 2012

CIA Torture Program: the case of El-Masri

Nearly a decade after a German man claimed he was snatched off the street, held in secret and tortured as part of the CIA’s extraordinary rendition program — all due to a case of mistaken identity — a panel of international judges said today what Khaled El-Masri has been waiting to hear since 2004: We believe you.  The European Court of Human Rights (ECHR) handed down a unanimous verdict siding with El-Masri (pdf of verdict) in his case against the government of Macedonia, which he claimed first played an integral role in his illegal detention and then ignored his pleas to investigate the traumatic ordeal. For his troubles, the ECHR ordered the government of Macedonia to pay El-Masri 60,000 Euros in damages, about $80,000.

“There’s no question 60,000 Euros does not begin to provide compensation for the harm he has suffered,” James Goldston, executive director of the Open Society Justice Initiative, which is representing El-Masri, told ABC News today. “That said… for Mr. El-Masri, the most important thing that he was hoping for was to have the European court officially acknowledge what he did and say that what he’s been claiming is in fact true and it was in fact a breach of the law… It’s an extraordinary ruling.”

El-Masri’s dramatic story, as detailed in various court and government documents, began in late 2003 when he was snatched off a bus at a border crossing in Macedonia. Plainclothes Macedonian police officers brought him to a hotel in the capital city of Skopje and held him there under guard for 23 days. In the hotel he was interrogated repeatedly and told to admit he was a member of al Qaeda, according to an account provided by the Open Society Justice Initiative.

The German was then blindfolded and taken to an airport where he said he was met by men he believed to be a secret CIA rendition team. In its ruling today, the EHRC recounted how the CIA men allegedly beat and sodomized El-Masri in an airport facility, treatment that the court said “amounted to torture.” The CIA declined to comment for this report.  El-Masri was then put on a plane and claims that the next thing he knew, he was in Afghanistan, where he would stay for four months under what his lawyers called “inhuman and degrading” conditions.  According to the Initiative, it wasn’t until May 28, 2004 that El-Masri was suddenly removed from his cell, put on another plane and flown to a military base in Albania. “On arrival he was driven in a car for several hours and then let out and told not to look back,” the group says on its website. Albanian authorities soon picked El-Masri up and took him to an airport where he flew back to Frankfurt, Germany.  According to El-Masri’s lawyers, the CIA had finally realized they accidentally picked up the wrong man.

In their decision today, the ECHR said El-Masri’s account was established “beyond reasonable doubt,” in part based on the findings of previous investigations into flight logs and forensic evidence.  Before the EHRC, El-Masri and his supporters had tried to bring his case to trial in several courts, including in the U.S. in 2005. There, the American Civil Liberties Union filed a suit on behalf of El-Masri against George Tenet, then director of the CIA, but the case was dismissed in 2006 after the U.S. government claimed hearing it would jeopardize “state secrets.” The U.S. Supreme Court declined to review the case in 2007.The same year, a German prosecutor issued an arrest warrant for 13 CIA agents for their alleged role, according to the New York Times, but the agents were never arrested.

In addition to the money Macedonia has been ordered to pay El-Masri, the Open Society Justice Initiative is calling on Macedonia, the U.S. and Germany to offer official apologies to El-Masri and for Germany to ask the U.S. to hand over the officers allegedly involved in the kidnapping so they may see trial.  Goldston said he hoped the ECHR’s ruling could open the door to further investigations into the CIA’s controversial rendition program and “all these kinds of cases where allegations of abuse arise from counter-terrorism practices.”

LEE FERRAN. Court: CIA Tortured German During Botched Rendition, ABC News, Dec. 13, 2012

US Special Forces in Iraq to Stop Russia

The civil war in Syria is testing Iraq’s fragile society and fledgling democracy, worsening sectarian tensions, pushing Iraq closer to Iran… just nine months after American forces ended their long and costly occupation here.  Fearing that Iraq’s insurgents will unite with extremists in Syria to wage a two-front battle for Sunni dominance, Prime Minister Nuri Kamal al-Maliki recently ordered guards at the western border to block adult men…along with thousands of refugees seeking to escape the grinding war next door.  Farther north, Iraqi officials have another concern, also related to the fighting across the border. Turkish warplanes have stepped up attacks on the mountain hide-outs of Kurdish insurgents galvanized by the war in Syria, underscoring Iraq’s inability to control its own airspace.

The hardening of the antagonists’ positions in Syria — reverberating across Iraq — was made clear Monday at the United Nations when the new special envoy for Syria, Lakhdar Brahimi, gave a bleak appraisal of the conflict to the Security Council and said he saw no prospect for a breakthrough anytime soon.

The Syrian war’s spillover has called attention to uncomfortable realities for American officials: despite nearly nine years of military engagement, an effort that continues today with a $19 billion weapons sales program, Iraq’s security is uncertain and its alliance with the theocratic government in Tehran is growing. Iraq’s Shiite-dominated leadership is so worried about a victory by Sunni radicals in Syria that it has moved closer to Iran, which shares a similar interest in supporting the Syrian president, Bashar al-Assad.,,,

In response, the United States has tried to secure its interests in Iraq. It has unsuccessfully pressed Iraq to halt flights from Iran that traverse Iraqi airspace to ferry weapons and fighters to the Assad government, although The Associated Press reported that over the weekend a government spokesman said Iraq would begin random searches of Iranian aircraft.  While some Congressional leaders have threatened to cut off aid to Iraq if the flights do not stop, the United States is trying to speed up weapons sales to Iraq to secure it as an ally, said Lt. Gen. Robert L. Caslen Jr., the American commander in charge of that effort. As regional security deteriorates, the United States is finding it hard to deliver the weapons — especially antiaircraft systems — quickly enough to satisfy the Iraqis, who in some cases are looking elsewhere, including Russia.

“Although they want a strategic partnership with the United States, they recognize the vulnerability, and they are interested in going with the nation that will be able to provide them, and meet their need, their capabilities gap, as quickly as possible,” said General Caslen, who oversees a Pentagon office here, under the authority of the American Embassy, that brokers weapons sales to Iraq.  The United States is providing Iraq with refurbished antiaircraft guns, free of charge, but they will not arrive until June. In the meantime, the Iraqis have collected cold war-era missiles found in a junkyard on an air base north of Baghdad, and they are trying to get them in working order. Iraq is negotiating with Russia to buy air defense systems that could be delivered much more quickly than those bought from the United States.

“Iraq recognizes they don’t control their airspace, and they are very sensitive to that,” General Caslen said. Each time Turkish fighter jets enter Iraq’s airspace to bomb Kurdish targets, he said, Iraqi officials “see it, they know it and they resent it.”  Iskander Witwit, a former Iraqi Air Force officer and member of Parliament’s security committee, said, “God willing, we will be arming Iraq with weapons to be able to shoot down those planes.”

The American military withdrew at the end of last year after negotiations for an extended troop presence collapsed because the Iraqis would not agree to extend legal immunities to any remaining force. Once the Americans left, Iraq celebrated its sovereignty, even as military officials in both countries fretted about the deficiencies of Iraq’s military and sought ways to work together that would not require a public debate about immunities.  Iraq and the United States are negotiating an agreement that could result in the return of small units of American soldiers to Iraq on training missions. At the request of the Iraqi government, according to General Caslen, a unit of Army Special Operations soldiers was recently deployed to Iraq to advise on counterterrorism and help with intelligence.

Excerpts from TIM ARANGO, Syrian War’s Spillover Threatens a Fragile Iraq, NY Times, Sept. 24, 2012

Drones: the Politics of Fear and Complacency

Excerpt from the Executive Summary Living Under Drones Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan (Stanford and NYU, Sept. 2012)

In the United States, the dominant narrative about the use of drones in Pakistan is of a surgically precise and effective tool that makes the US safer by enabling “targeted killing” of terrorists, with minimal downsides or collateral impacts. This narrative is false…

The US publicly describes its drone program in terms of its unprecedented ability to “distinguish …effectively between an al Qaeda terrorist and innocent civilians,” and touts its missile-armed drones as capable of conducting strikes with “astonishing” and “surgical” precision. First, while civilian casualties are rarely acknowledged by the US government, there is significant evidence that US drone strikes have injured and killed civilians. In public statements, the US states that there have been“no” or “single digit” civilian casualties.” It is difficult to obtain data on strike casualties because of US efforts to shield the drone program from democratic accountability, compounded by the obstacles to independent investigation of strikes in North Waziristan. The best currently available public aggregate data on drone strikes are provided by The Bureau of Investigative Journalism (TBIJ), an independent journalist organization.

TBIJ reports that from June 2004 through mid- September 2012, available data indicate that drone strikes killed 2,562-3,325 people in Pakistan, of whom 474-881 were civilians, including 176 children. TBIJ reports that these strikes also injured an additional 1,228-1,362 individuals….

US drone strike policies cause considerable and under-accounted for harm to the daily lives of ordinary civilians, beyond death and physical injury. Drones hover twenty-four hours a day over communities in northwest Pakistan, striking homes, vehicles, and public spaces without warning. Their presence terrorizes men, women, and children, giving rise to anxiety and psychological trauma among civilian communities. Those living under drones have to face the constant worry that a deadly strike may be fired at any moment, and the knowledge that they are powerless to protect themselves….

Publicly available evidence that the strikes have made the US safer overall is ambiguous at best. The strikes have certainly killed alleged combatants and disrupted armed actor networks. However, serious concerns about the efficacy and counter-productive nature of drone strikes have been raised. The number of “high-level” targets killed as a percentage of total casualties is extremely low—estimated at just 2%. Furthermore, evidence suggests that US strikes have facilitated recruitment to violent non-state armed groups, and motivated further violent attacks…..

Drone strikes have also soured many Pakistanis on cooperation with the US and undermined US-Pakistani relations. One major study shows that 74% of Pakistanis now consider the US an enemy.

Current US targeted killings and drone strike practices undermine respect for the rule of law and international legal protections and may set dangerous precedents. This report casts doubt on the legality of strikes on individuals or groups not linked to the terrorist attacks of September 11, 2011, and who do not pose imminent threats to the US. The US government’s failure to ensure basic transparency and accountability in its targeted killing policies, to provide necessary details about its targeted killing program, or adequately to set out the legal factors involved in decisions to strike hinders necessary democratic debate about a key aspect of US foreign and national security policy. US practices may also facilitate recourse to lethal force around the globe by establishing dangerous precedents for other governments….

In light of these concerns, this report recommends that the US conduct a fundamental re-evaluation of current targeted killing practices, taking into account all available evidence, the concerns of various stakeholders, and the short and long-term costs and benefits. A significant rethinking of current US targeted killing and drone strike policies is long overdue. US policy-makers, and the American public, cannot continue to ignore evidence of the civilian harm and counterproductive impacts of US targeted killings and drone strikes in Pakistan….

The US should fulfill its international obligations with respect to accountability and transparency, and ensure proper democratic debate about key policies. The US should.

–Release the US Department of Justice memoranda outlining the legal basis for US targeted killing in Pakistan;

–Make public critical information concerning US drone strike policies, including as previously and repeatedly requested by various groups and officials: the targeting criteria for so-called “signature” strikes; the mechanisms in place to ensure that targeting complies with international law; whichlaws are being applied; the nature of investigations into civilian deathand injury; and mechanisms in place to track, analyze and publicly recognize civilian casualties;

–Ensure independent investigations into drone strike deaths, consistent with the call made by Ben Emmerson, UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism in August 2012

–In conjunction with robust investigations and, where appropriate,prosecutions, establish compensation programs for civilians harmed by US strikes in Pakistan.

–The US should fulfill its international humanitarian and human rights law obligations with respect to the use of force, including by not using lethal force against individuals who are not members of armed groups with whom the US is in an armed conflict, or otherwise against individuals not posing an imminent threat to life. This includes not double-striking targets as first responders arrive.

–Journalists and media outlets should cease the common practice of referring simply to “militant” deaths, without further explanation. All reporting of government accounts of “militant” deaths should include acknowledgment that the US government counts all adult males killed by strikes as “militants,” absent exonerating evidence. Media accounts relying on anonymous government sources should also highlight the fact of their single source information and of the past record of false government reports

Excerpt from the Executive Summary Living Under Drones Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan (Stanford and NYU, Sept. 2012)
See also http://livingunderdrones.org/

The Legality of Targeted Killings

The CRS memorandum, entitled “Legal Issues Related to the Lethal Targeting of U.S. Citizens Suspected of Terrorist Activities,” was prepared in May 2012 by legislative attorney Jennifer K. Elsea. It presents an overview of the pertinent legal context, and then carefully parses official Administration statements in an attempt to infer a detailed legal rationale for lethal targeting. A copy was obtained by Secrecy News.

“This memorandum is an effort to clarify the debate by providing legal background, setting forth what is known about the Administration’s position and identifying possible points of contention among legal experts and other observers,” the memo states.  In the end, CRS concludes that none of the established legal frameworks is a perfect fit for the Administration’s lethal targeting operations because the current U.S. practice of lethal targeting involves features that are improvised, inconsistent or otherwise questionable.

For example, CRS says the Administration appears to have redefined the meaning of “imminence,” one of the required elements for justifying the use of force in self-defense on the territory of another country. The standard definition of imminence refers to an overwhelming threat that allows “no moment for deliberation.” But the Administration uses imminence idiosyncratically “to refer to the window of opportunity for striking rather than the perceived immediacy of the threat of an armed attack.” This novel usage “may pose some challenge to the international law regarding the use of force,” CRS said.

The CRS memo notes that the U.S. Supreme Court has ruled — in Hamdi v. Rumsfeld — that when a U.S. citizen is detained as a suspected enemy combatant he must be given notice of the factual basis for his detention and an opportunity to rebut it. Yet, in contrast, when a citizen-suspect is to be killed rather than detained the Administration’s position is that no such notice or opportunity is required.  This embrace of unchecked executive authority may prove difficult to reconcile with the majority holding in Hamdi, the memo suggests.  In fact, CRS says, the Administration’s position “seems to conform more with Justice Thomas’s dissenting opinion in Hamdi, in which Justice Thomas argued that in the context of wartime detention for non-punitive purposes, ‘due process requires nothing more than a good-faith executive determination’.”

By withholding its own Office of Legal Counsel opinion on the legality of lethal targeting of suspected terrorists who are U.S. citizens, the Obama Administration seems intent not on protecting sensitive operational details but on suppressing public awareness and debate. The CRS memo is not a substitute for the OLC opinion, but it nonetheless can serve to advance public understanding of the underlying issues.

Excerpt, Steven Aftergood, Legality of Targeted Killing of Suspected Terrorists Reviewed by CRS, SecrecyNews.com, Sept. 10, 2012

Drones: Rules and Reality

In his most comprehensive public comments yet on the US covert drone war, President Barack Obama has laid out the five rules he says the United States uses to target and kill alleged terrorists – including US citizens.  The president has also warned of the need to avoid a ‘slippery slope’ when fighting terrorism, ‘in which you end up bending rules, thinking that the ends always justify the means.’  Obama’s comments were made in an on-camera interview with CNN’s chief White House correspondent Jessica Yellin. Only once before has the president publicly discussed the US covert drone policy, when he spoke briefly about strikes in Pakistan’s tribal areas.  Now Obama says there are five rules that need to be followed in covert US drone attacks. In his own words:

1 ’It has to be a target that is authorised by our laws.’

2 ’It has to be a threat that is serious and not speculative.’

3 ’It has to be a situation in which we can’t capture the individual before they move forward on some sort of operational plot against the United States.’

4 ‘We’ve got to make sure that in whatever operations we conduct, we are very careful about avoiding civilian casualties.’

5 ‘That while there is a legal justification for us to try and stop [American citizens] from carrying out plots… they are subject to the protections of the constitution and due process.’

Obama twice referred to what he claims has been ‘misreporting’ by the media of his drones policy.  Apparently responding to recent allegations that his administration prefers to kill rather than capture suspects, the president said that ‘our preference has always been to capture when we can because we can gather intelligence’ but that it’s sometimes ‘very difficult to capture them.’  CNN’s Yellin did not bring up the issue of civilian casualties – despite CNN itself reporting multiple civilian deaths in a suspected Yemen drone strike just hours earlier. However Obama insisted that ‘we are very careful about avoiding civilian casualties, and in fact there are a whole bunch of situations where we will not engage in operations if we think there’s going to be civilian casualties involved.’

Obama also took on the contentious targeted killing of US citizens – the subject of a number of high profile legal cases. Insisting that there was ‘legal justification’ for such killings, the president conceded that ‘as an American citizen, they are subject to the protections of the constitution and due process.’  The US Department of Justice (DoJ) is presently trying to block publication of administration legal opinions which allegedly provided the justification for the killing of US citizen Anwar al Awlaki and others.  In a recent court submission the DoJ insisted that Obama’s January comments on the covert drone war could not be taken as an admission that it was taking place: ‘Plaintiffs speculate that the president must have been speaking about CIA involvement in lethal operations…. This is insufficient to support a claim of official disclosure.’  With Obama now publicly laying out the ground rules for the covert drone war, the DoJ’s position appears further damaged.

The president also discussed in some detail his moral concerns regarding the campaign, admitting that he ‘struggle[s] with issues of war and peace and fighting terrorism.’  Our preference has always been to capture when we can because we can gather intelligence.’  He said that he and his national security team needed to ‘continually ask questions about “Are we doing the right thing? Are we abiding by the rule of law? Are we abiding by due process?”‘  If that failed to happen, the president warned, there was the risk of a ‘slippery slope… in which you end up bending rules, thinking that the ends always justify the means.’  The continuing deaths of civilians – and CIA tactics such as the deliberate targeting of rescuers – have led some to argue that the US is already bending or even breaking those rules.

Chris Woods, Obama’s five rules for covert drone strikes, Bureau of Investigative Journalism, Sept. 6, 2012

What is In-Q-Tel? Technology Branch of CIA

Throughout its lifetime, the CIA has operated at the cutting edge of science and technology. From the U-2 spy plane to the CORONA satellite, CIA’s “wizards of Langley” earned a reputation for bold innovation and risk taking, working in advance of the private sector and other branches of government. Much of CIA’s technology success was a result of identifying gaps and opportunities.  By the late 1990s, the pace of commercial innovation had overtaken the ability of government agencies to develop and incorporate new technologies. Private industry represented technical insights and innovation far too important to ignore. Driven by private sector R&D investment, these commercial technologies addressed many of the same information technology, biotechnology, communications, and energy challenges that faced the Intelligence Community.

In 1998, CIA identified technology as a top strategic priority, and set out a radical plan to create a new venture that would help increase the CIA’s access to private sector innovation. In-Q-Tel was chartered in February 1999 by a group of private citizens at the request of the Director of Central Intelligence and with the support of the U.S. Congress. IQT was tasked with building a bridge between the Agency and a new set of technology innovators.

From the website IQT (2012)

Kamikaze Drones: Shortening the Kill Chain

The 2-foot-long Switchblade drone [unmanned aerial vehicle (UAV)] is so named because its wings fold into the fuselage for transport and spring out after launch. It is designed to fit into a soldier’s rucksack and is fired from a mortar-like tube. Once airborne, it begins sending back live video and GPS coordinates to a hand-held control set clutched by the soldier who launched it.  When soldiers identify and lock on a target, they send a command for the drone to nose-dive into it and detonate on impact. Because of the way it operates, the Switchblade has been dubbed the “kamikaze drone.”

The Obama administration, notably the CIA, has long been lambasted by critics for its use of combat drones and carelessly killing civilians in targeted strikes in Pakistan, Afghanistan, Iraq, Yemen and Somalia. In 2010, a United Nations official said the CIA in Pakistan had made the United States “the most prolific user of targeted killings” in the world.

The Switchblade drone appears to be an improvement as an alternative to traditional drone strikes, in terms of minimizing civilian harm, but it also raises new concerns, said Naureen Shah, associate director of the Counterterrorism and Human Rights Project at Columbia Law School.  She pointed out that when a drone strike is being considered there are teams of lawyers, analysts and military personnel looking at the data to determine whether lethal force is necessary. But the Switchblade could shorten that “kill chain.”  “It delegates full responsibility to a lower-level soldier on the ground,” she said. “That delegation is worrisome. It’s a situation that could end up in more mistakes being made.”  Arms-control advocates also have concerns. As these small robotic weapons proliferate, they worry about what could happen if the drones end up in the hands of terrorists or other hostile forces.

The Switchblade “is symptomatic of a larger problem that U.S. military and aerospace companies are generating, which is producing various more exotic designs,” said Daryl Kimball, executive director of the Arms Control Assn. “This technology is not always going to be in the sole possession of the U.S. and its allies. We need to think about the rules of the road for when and how these should be used so we can mitigate against unintended consequences.”

The Switchblade is assembled in Simi Valley by AeroVironment Inc., the Pentagon’s top supplier of small drones, which include the Raven, Wasp and Puma. More than 50 Switchblades will be sent to the war zone in Afghanistan this summer under a $10.1-million contract, which also includes the cost of repairs, spare parts, training and other expenses. Officials would not provide details about where the weapons would be used, how many were ordered and precisely when they would be deployed.  AeroVironment, based in Monrovia, developed the weapon on its own, thinking the military could use a lethal drone that could be made cheaply and deployed quickly by soldiers in the field, said company spokesman Steven Gitlin.

“It’s not inexpensive to task an Apache helicopter or F-16 fighter jet from a base to take out an [improvised explosive device] team when you consider fuel, people, logistics support, etc.,” he said.

About a dozen Switchblades were tested last year by special operations units in Afghanistan, according to Army officials, who said the drone proved effective.  The Army is considering buying $100 million worth of the drones in a few years under a program called the Lethal Miniature Aerial Munition System, Nichols said. The Air Force and the Marine Corps have also expressed interest in the technology.

AeroVironment is not the only company pursuing small, lethal drones. Textron Defense Systems is also working on a small kamikaze-style drone. Named the BattleHawk Squad-Level Loitering Munition, the drone is being tested at an Army facility in New Mexico.

Excerpts, W.J. Hennigan, Pentagon to soon deploy pint-sized but lethal Switchblade drones, LA Times, June 11, 2012

SOCOM: United States Special Operations Command

Admiral McRaven’s [head of the SOCOM] broad goal is to obtain new authority from the Defense Department to move his elite forces faster and outside normal Pentagon deployment channels. That would give him more autonomy to position his personnel and their fighting equipment where intelligence and world events indicate they are most needed. It would also allow the Special Operations forces to expand their presence in regions where they have not operated in large numbers for the past decade, especially in Asia, Africa and Latin America.

At a time of declining Pentagon budgets and a waning public appetite for large wars of occupation, the Obama administration hopes to rely more on foreign troops and security forces to tackle extremist threats abroad. These new realities have led to a larger debate within the military about its future priorities, and not all senior officers welcome Admiral McRaven’s ambitious proposals, suspecting a power grab that might weaken the authority of regional commanders.  “I was trying to figure out how to stand in front of this juggernaut that is the Special Operations Command, particularly in today’s world,” Adm. Timothy J. Keating, a former head of the military’s Northern and Pacific commands, said at a Special Operations conference in April in Washington. “I don’t fundamentally understand what needs fixing.”

While it is not unusual for branches of the armed services or combatant commands to lobby Congress for troop benefits or weaponry, like new fighter jets or artillery systems, the Special Operations Command’s hurried pitch because of the pending legislation did not go down well.  In its request in April 2012, the command sought a new $25 million fund to buy uniforms, build barracks and ferry foreign troops rather than using existing Pentagon and State Department aid programs that could have added months to the process. That required changes in the law, so the command asked to tuck them into a Pentagon budget bill the House was poised to pass.

In a three-page, confidential draft legislative proposal, the command argued that by coupling the proposed changes with its existing special fast-track acquisition authorities, it could provide “a fast turnaround resource for dealing with breaking issues.” Special Operations officers would work closely with American ambassadors in each country and the State Department to support foreign policy goals.  The legislative draft filled in some details of a plan sketched out for Congress on March 27 by the Pentagon’s top civilian Special Operations policy official, Michael A. Sheehan. Citing Africa as a prime example, Mr. Sheehan, a West Point graduate who is assistant secretary of defense for Special Operations and low-intensity conflict, told the Senate Armed Services Committee, “We will need different authorities, we will need different types of programs in order for us to engage with the range of countries, from Libya down through Mali, which is obviously in the middle of chaos right now, to Mauritania, all the way — and, quite frankly, all the way over to Nigeria.”

But lawmakers and State Department officials were puzzled. Only last year, Mr. Gates and Mrs. Clinton, backed by Congress, agreed to pool resources from their two departments in a new fund to respond more quickly to counter emerging threats from Al Qaeda and other militants in places like Yemen and the Horn of Africa.  The program, the Global Security Contingency Fund (pdf), is small as government programs go — $250 million a year, mostly from the Pentagon — but it is meant to address many of the needs the command’s proposal outlined.

A report accompanying the military budget bill that the House approved last month summed up the objections of not only lawmakers in the House and Senate, but also high-ranking administration officials who met on May 7 at the White House to work out the dispute. “The committee is concerned that the proliferation of similar, overlapping and/or competing building partner capacity authorities creates unnecessary confusion and friction,” the House report said.

Excerpt, ERIC SCHMITT, Elite Military Forces Are Denied in Bid for Expansion, New York Times, June 4, 2012

The Kill List and Body Count: Drones

Just days after taking office, the president [Obamaa] got word that the first strike under his administration had killed a number of innocent Pakistanis. “The president was very sharp on the thing, and said, ‘I want to know how this happened,’ “ a top White House adviser recounted.  In response to his concern, the C.I.A. downsized its munitions for more pinpoint strikes. In addition, the president tightened standards, aides say: If the agency did not have a “near certainty” that a strike would result in zero civilian deaths, Mr. Obama wanted to decide personally whether to go ahead.

The president’s directive reinforced the need for caution, counterterrorism officials said, but did not significantly change the program. In part, that is because “the protection of innocent life was always a critical consideration,” said Michael V. Hayden, the last C.I.A. director under President George W. Bush.  It is also because Mr. Obama embraced a disputed method for counting civilian casualties that did little to box him in. It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.  Counterterrorism officials insist this approach is one of simple logic: people in an area of known terrorist activity, or found with a top Qaeda operative, are probably up to no good. “Al Qaeda is an insular, paranoid organization — innocent neighbors don’t hitchhike rides in the back of trucks headed for the border with guns and bombs,” said one official, who requested anonymity to speak about what is still a classified program.

This counting method may partly explain the official claims of extraordinarily low collateral deaths. In a speech last year Mr. Brennan, Mr. Obama’s trusted adviser, said that not a single noncombatant had been killed in a year of strikes. And in a recent interview, a senior administration official said that the number of civilians killed in drone strikes in Pakistan under Mr. Obama was in the “single digits” — and that independent counts of scores or hundreds of civilian deaths unwittingly draw on false propaganda claims by militants.

But in interviews, three former senior intelligence officials expressed disbelief that the number could be so low. The C.I.A. accounting has so troubled some administration officials outside the agency that they have brought their concerns to the White House. One called it “guilt by association” that has led to “deceptive” estimates of civilian casualties.  “It bothers me when they say there were seven guys, so they must all be militants,” the official said. “They count the corpses and they’re not really sure who they are.”

Excerpt, JO BECKER and SCOTT SHANE, Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will, NY Times, May 29, 2012