Tag Archives: international law

Naming the Dead in the CIA Drone War

Naming the Dead is a project run by the Bureau of Investigative Journalism, a not-for-profit research organisation based in London. The project aims to identify those killed in CIA drone strikes on Pakistan.  Over the past nine years, the tribal region of Pakistan’s north west has been hit by hundreds of drone attacks as the CIA has sought to stamp out al Qaeda fighters and the militant groups that have given them shelter.  Missiles launched from these high-tech, unmanned aircraft have hit homes, cars, schools, shops and gatherings. At least 2,500 people have been killed, according to data already collected by the Bureau as part of our wider Covert Drone War research.

Senior US officials have described drones as highly precise weapons that target and kill enemies of the US. John Brennan, who oversaw the development of the drone campaign and is now director of the CIA, has called drone technology an ‘essential tool’ for its ‘surgical precision – the ability, with laser-like focus, to eliminate the cancerous tumour called an al Qaeda terrorist while limiting damage to the tissue around it.’

Those killed by drones include high-ranking militant leaders – figures such as Abu Yahya al Libi, al Qaeda’s feared second-in-command, or Baitullah Mehsud, commander of the Pakistan Taliban (TTP).  But according to credible media reports analysed by the Bureau, the dead also include at least 400 civilians. Some were unlucky enough to be nearby when militants were attacked. Others were killed alongside their husbands or fathers, who were believed to be militants. Still others were mistaken for terrorists by drone operators sitting thousands of miles away.

In most cases, there is little information available about who the drones are really killing. Most of the dead – an estimated four-fifths of those killed – are believed to be militants. But their deaths are typically reported as a number – their names, origins and livelihoods remain a mystery.  For so many people to die in obscurity, unnamed and unacknowledged, is a tragedy. But it is a further tragedy that the public, and even policy makers, are unable to properly test whether drones are ‘highly precise weapons’ when so little is known about who is actually dying.

Through Naming the Dead, the Bureau aims to increase the transparency around this conflict and inform the public debate. Initially this project will record all names published in open-source material – in credible reports by journalists, in legal documents presented in court, in academic studies and in field investigations carried out by human rights groups.  In the future, the Bureau aims to identify more of the dead on a regular basis, and to uncover more details of those who have been killed. Where possible we will provide further identification – where they were killed, and their occupations, full names and ages. In the remote areas of Pakistan where drone strikes take place, official identification is rare. Few people possess identification cards, birth certificates, or even documents recording their relatives’ deaths. But wherever possible this project will provide documentation recording a person’s death.

Photographs of the destruction of a particular site are included in the database. Affidavits, photos, hospital records, student identification and transcripts of interviews with researchers are all provided when available. Over time, the Bureau aims to build on such currently scarce records in an attempt to properly scrutinise the little that is reported, and the claims being made – on all sides.

Bureau of Investigative Journalism

Space Weapons and Space Law

“Policy, law and understanding of the threat to space is lagging behind the reality of what is out there,” warned Mark Roberts, a former Ministry of Defence official who was in charge of government space policy and the UK’s “offensive cyber portfolio”.….

The disabling of satellites would have a disastrous impact on society, knocking out GPS navigation systems and time signals. Banks, telecommunications, power and many infrastructures could fail, Roberts told the conference….Agreements such as the 1967 Outer Space treaty and the 1979 Moon treaty are supposed to control the arms race in space. Some states have signed but not ratified them, said Maria Pozza, research fellow at the Lauterpacht Centre for International Law at Cambridge University.  Existing treaties do not specify where air space ends and outer space begins – although 100km (62 miles) above the Earth is becoming the accepted limit.

The Navstar constellation of satellites was used to provide surveillance of Iraq during the Gulf war in 1991. Was that, asked Pozza, an aggressive use of space, a “force-multiplier”? Satellites may have also been used to photograph and locate al-Qaida bases, Osama bin Laden or even assess future strikes against Syria.

The Chinese government has recently moved to support a 2012 EU code of conduct for space development, which, Pozza said, was a softer law. The draft Prevention of the Placement of Weapons in Outer Space treaty has not yet been agreed. “Are we dismissing the possibility of a hard law or giving it a good chance?” Pozza asked.

The Chinese tested an anti-satellite weapon in 2007 that destroyed a defunct orbiting vehicle and showered debris across near Earth orbits. Other satellites have been jammed by strong radio signals. BBC transmissions to Iran were disrupted during this year’s elections through ground signals ostensibly sent from Syria.

In 2011, hackers gained control of the Terra Eos and Landsat satellites, Roberts said. The orbiting stations were not damaged. “The threat can now be from a laptop in someone’s bedroom,” he added.

Professor Richard Crowther, chief engineer at the UK Space Agency, said scientists were now exploring the possibility of robotic systems that grapple with and bring down disused satellites or laser weapons to clear away debris in orbit.  Both technologies, he pointed out, had a potential dual use as military weapons. 3D printing technologies would, furthermore, allow satellite operators to develop new hardware remotely in space.

The UK is formulating its space security policy, group captain Martin Johnson, deputy head of space policy at the MoD, said. Fylingdales, the Yorkshire monitoring station, has been cooperating for 50 years with the USA to enhance “space awareness” and early warning systems. The UK, Johnson said, was now working with the EU to develop a complementary space monitoring system.

Excerpt, Owen Bowcott, legal affairs correspondent, The Guardian, Sept. 11, 2013

Lethal Operations Against US Citizens Lawful: secret memo

A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” — even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens, such as the September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes….The undated memo is entitled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force.” It was provided to members of the Senate Intelligence and Judiciary committees in June by administration officials on the condition that it be kept confidential and not discussed publicly.

Although not an official legal memo, the white paper was represented by administration officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s Office of Legal Counsel, which provides authoritative legal advice to the president and all executive branch agencies. The administration has refused to turn over to Congress or release those memos publicly — or even publicly confirm their existence. A source with access to the white paper, which is not classified, provided a copy to NBC News.

“This is a chilling document,” said Jameel Jaffer, deputy legal director of the ACLU, which is suing to obtain administration memos about the targeted killing of Americans. “Basically, it argues that the government has the right to carry out the extrajudicial killing of an American citizen. … It recognizes some limits on the authority it sets out, but the limits are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”…..

The completeness of the administration’s public accounts of its legal arguments was also sharply criticized last month by U.S. Judge Colleen McMahon in response to a lawsuit brought by the New York Times and the ACLU seeking access to the Justice Department memos on drone strikes targeting Americans under the Freedom of Information Act. McMahon, describing herself as being caught in a “veritable Catch-22,” said she was unable to order the release of the documents given “the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for the conclusion a secret.”  In her ruling, McMahon noted that administration officials “had engaged in public discussion of the legality of targeted killing, even of citizens.” But, she wrote, they have done so “in cryptic and imprecise ways, generally without citing … any statute or court decision that justifies its conclusions.”……..

“A lawful killing in self-defense is not an assassination,” the white paper reads. “In the Department’s view, a lethal operation conducted against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States would be a legitimate act of national self-defense that would not violate the assassination ban. Similarly, the use of lethal force, consistent with the laws of war, against an individual who is a legitimate military target would be lawful and would not violate the assassination ban.”

Excerpts from Michael Isikoff. EXCLUSIVE: Justice Department memo reveals legal case for drone strikes on Americans, NBC News, Feb. 6, 2012

Hunting Down Somali Pirates: British Empire

Times are tough and getting worse for Somali pirates, as their targets take countermeasures. The number of attacks off the Horn of Africa tumbled from 236 in 2011 to no more than 72 in 2012, according to the International Maritime Bureau, a body that monitors crime at sea.

Now a private naval effort is adding to their woes. A company called Typhon will use a 10,000 tonne “mother ship” to accompany convoys of merchant vessels. With 60 mostly armed, mostly British ex-soldiers on board, it will deploy speedboats and unmanned drones to watch and intercept hostile boats.  Anthony Sharp, Typhon’s boss, says customers will find that more efficient than putting armed guards on every ship. It will also spare them keeping guns on board (which is tricky in law). Typhon plans to have three large ships by the year end, with at least one based in the Gulf of Guinea, a hotspot for pirate attacks last year, and ten by 2016.

Its backers include Simon Murray, a former foreign legionnaire who is now chairman of Glencore, a commodities giant due soon to merge with Xstrata, a mining behemoth. The new outfit will be a big potential customer for Typhon. But Mr Sharp downplays comparisons with Britain’s East India Company, which ran a private empire with its own navy. His is “actually quite a boring business,” he claims. Not for the pirates.

Piracy: Privateers,Economist, Jan.12, 2013, at 54

WTO and the Level Playing Field: Europe v. Russia

Europe’s trade chief threatened to take Russia to the World Trade Organization over a string of restrictive practices saying Moscow needed to play by the rules now it was a member of the global body.  Trade Commissioner Karel De Gucht singled out Russia’s ban on European live animal imports, plans to levy fees on imported vehicles, two anti-dumping cases and another trade defense case launched by Moscow against Europe in recent months.  In the same week that the European Commission opened an investigation into Russia’s Gazprom and China’s solar panel exports, De Gucht said the measures sent “the wrong signal”, Reuters reports.

“Membership of the WTO means a country is subject to the dispute settlement mechanism of that organization,” he told an EU-Russia seminar in Helsinki. “Russia should understand that Europe takes that mechanism very seriously and that we will not hesitate to enforce our rights where they are violated,” he added.

Russia joined the WTO last month after an 18-year wait. President Vladimir Putin said on Wednesday the country would use its membership to try to develop freer trade across the world, but he’ll also be hoping it will further boost the energy-driven $1.9 trillion economy.  De Gucht said Russia was violating WTO rules by keeping its markets closed to competitors.  “What these and other measures … have in common is that they affect products where significant market opening is due to take place under Russia’s WTO commitments,” De Gucht said.  “This is the wrong signal to send at a time when liberalization is supposed to be moving forward.”

Russia and the EU are deeply intertwined, with Europe relying heavily on Russian energy exports and Russians hungry for EU products and access to its 500 million consumers.  But the two sides argue over issues ranging from energy supplies, trade and market access to human rights. While relations are at times frosty, both refer to each other as “strategic partners” and meet for twice-yearly summits.  Negotiations between Russia and the EU towards closer economic and political ties have also stalled, and Brussels is concerned by Putin’s plan to develop a “Eurasian union” of ex-Soviet states, including Kazakhstan and Belarus.

EU warns Russia to play by WTO rules or face action, Reuters, Sept. 7, 2012

Russian President Vladimir Putin signed a decree giving the government the right to protect its natural gas-export monopoly, OAO Gazprom (GAZP), from an anti-trust inquiry by the European Union.  Putin’s measure bans strategic companies from disclosing information, disposing of assets or amending contracts without government approval in case claims are made by foreign states or entities, the president’s office said in an e-mailed statement from Moscow today. The Russian leader on Sept. 9 warned the EU, which relies on Russia for a quarter of its gas needs, that there would be “losses on both sides” if the issue isn’t resolved. He accused the 27-nation bloc of trying to shift responsibility for subsidizing former communist EU members onto Russia by forcing Gazprom to cut prices for customers in eastern and central Europe.

Excerpt, By Henry Meyer, Putin Moves to Protect Gazprom From EU Pricing Dispute, Bloomberg, Sept. 11, 2012

Covert Ops in Pakistan, Yemen and Somalia: Civilians Killed

From the Bureau of Investigative Journalism:

Pakistan September 2012 actions: Total CIA strikes in September: 3 Total killed in strikes in September: 12-18, of whom 0-3 were reportedly civilians; All actions 2004 – September 30 2012: Total Obama strikes: 294;Total US strikes since 2004: 346; Total reported killed: 2,570-3,337; Civilians reported killed: 474-884; Children reported killed: 176; Total reported injured: 1,232-1,366

After seven strikes in August – the most in a single month since October 2011 – September saw a pause in the bombing which lasted 20 days. The respite coincided with many and sometimes violent anti-US protests around the world. Muslims were inflamed by a blasphemous film, produced in the US and posted online. Up to 17 people died in riots across Pakistan as public outrage at drone strikes reportedly added to the violence.

On September 24 two named al Qaeda militants were killed by the CIA. Saleh al Turki ’was not on the FBI’s bounty list, but was a mid level AQ guy’. However Abu Kahsha al Iraqi was described as ‘a liaison between al Qaeda and the Taliban’ and ‘long a target of Western counterterrorism agencies.’

Yemen September 2012 actions:Confirmed US drone strikes: 0; Further reported/possible US strike events: 4-5′ Total reported killed in US operations: 0-40;Civilians reported killed in US strikes: 0-12  All actions 2002 – September 30 2012: Total confirmed US operations: 52-62; Total confirmed US drone strikes: 40-50; Possible additional US operations: 117-133; Of which possible additional US drone strikes: 61-71; Total reported killed: 357-1,026; Total civilians killed: 60-163; Children killed: 24-34

US and Yemeni officials were unusually reticent in September in attributing air strikes to United States air assets, including drones. That may have been due to the deaths of eleven named civilians in a botched airstrike in Radaa in central Yemen, the worst loss of civilian life since at least 12 civilians were killed in May. Victims of the strike were buried 18 days later in Dhamar with police pallbearers.  Abdulraouf al Dahab was the supposed target of the strike. But it missed the alleged militant leader’s car and hit civilian vehicles. A ten-year-old girl Daolah Nasser was killed with her parents. Two boys – Mabrook Mouqbal Al Qadari (13) and AbedalGhani Mohammed Mabkhout (12) – were also among those killed.  Some reports said US drones carried out the strike. The Yemen Air Force publicly claimed responsibility for the attack but it lacks the technical capability to strike a moving target.  That fact was confirmed by President Hadi on a visit to Washington, where he also claimed to approve every US strike carried out in Yemen, and downplayed civilian deaths  A suspected US drone killed at least six people, eight days after the Radaa strike. Said al Shehri was initially reported among the dead. But subsequent reports say the former Guantanamo inmate and al Qaeda’s number two in Yemen survived the attack.

Somalia September 2012 actions:  Total reported US operations: 0;All actions 2007 – September 30 2012 Total US operations: 10-23; Total US drone strikes: 3-9; Total reported killed: 58-170;  Civilians reported killed: 11-57; Children reported killed: 1-3

Once again no US combat operations were reported for September, although a former UN official told the Bureau that as much as 50% of secret actions by various forces operating in Somalia go unreported. Two previously unrecorded operations have been added to the Bureau’s data. These relate to possible US strikes on al Shabaab bases in Puntland in August, and in Kismayo in October 2011.  Kenyan Defence Force (KDF) troops finally struck al Shabaab’s last stronghold, Kismayo, in Operations Sledge Hammer alongside soldiers of the Somalia National Army. The KDF is fighting in Somalia as a part of the Amisom peacekeeping force and attacked Kismayo from the land and sea before dawn on September 28. Initial reports said they met with some resistance from al Shabaab but had taken control of the city’s port. It is possible that US forces assisted the operation.  A Somali diplomat told the Bureau that the outgoing Transitional Federal Government opened its doors to the US and others to fight al Shabaab, and in doing so allowed them ‘a licence to completely ignore any local or international law.’ US Special Forces and CIA are operating across Somalia. And the US is supporting proxy forces with training and weapons

Jack Serle and Chris Woods, Bureau of Investigative Journalism, September 2012 update, Oct. 1, 2012

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