OMNI DRONE/ASSASSINATION NEWSLETTER #8. January
22, 2013. Compiled by Dick Bennett for a Culture of
Peace and Justice. (Newsletter #1, Dec. 29, 2010; #2 July 20, 2011; #3 Feb. 16, 2012; #4 May
3, 2012; #5 June 9, 2012; #6 Oct. 12, 2012; #7 Dec. 20, 2012.) See Newsletters on Air War, Assassinations, CIA,
Civil Liberties, Geneva Conventions, International
Law, Killing Civilians, Surveillance,
Pakistan War, War Crimes, and more.
“Make World Less Violent, New UA Graduates
Told.” (ADG 12-16-12). If any
subject links these newsletters, it is violence and
how to reduce it.
My blog: War
Department/Peace Department
My Newsletters:
Index:
Peace, Justice, Ecology Birthdays
See OMNI’s Bulletin “Happening”
See INMOtion OMNI’s monthly newsletter.
Visit OMNI’s Library.
“Act in such a way that the
principle according to which the action is performed can be accepted as a
universal law.” Immanuel Kant’s
Categorical Imperative.
Nos. 5 & 6 at end
Contents of
#7 Dec. 20, 2012
Obama Assassination President
Public Discussion of Drones; Stanford/NYU
report
ACLU Sues CIA
Terrorizing Civilian Population
Rules
for Drone Warfare
Restricting Protest
US
Contents #8
NOVA, “Rise of the Drones”
Greenwald, Stanford/NYU on Terrorized
Civilians, Living Under Drones
Cavallaro, Living Under Drones
Bailey, Assassination Drones
Sprusansky, Demand Truths of Drone War
Glaser, Drones, My Lai ,
Prosecution
Stauffer, UN to Investigate Drone Killings
Kucinich Holds Congressional Briefing
Here
is the link to all of OMNI’s topical newsletters: http://www.omnicenter.org/newsletter-archive/ The newsletters
cover the fields of pje. KNOWLEDGE THEN
ACTION.
·
US & World
PBS' NOVA to Premiere Documentary on 'Rise of the
Drones'
The robotic planes
more commonly referred to as drones have gone from a secret, rarely
covered military and CIA program to a regular fixture on the national media as
well as technology websites.
As one of the
leaders behind the U.S.
The documentary
will tackle both the military and civilian side of drone technology, exploring
how the military trains drone pilots at the Holloman Air Force base in New Mexico
There are
controversies in both of these worlds. Are
drone strikes in accordance with international law? Are they killing too many civilians?
"We’ve entered an era where we’re conducting an array of operations using
unmanned systems that in a previous generation we would have called war, and we
would have treated like war," Peter W. Singer, an expert in the future of
warfare, says in the documentary. "When you’re conducting more than 300
air strikes in a country, you’re conducting an equivalent of at least an ‘Air
War’ campaign. But we don’t call it that now."
On the civilian
side, most of the questions are related to privacy and security. Can citizens' privacy be respected when
there are thousands of eyes in the sky? "I think anybody that can use
a device to peer into your activities even if it’s the air outside your window
or the air above your property, I think there is a right to privacy," Rep.
Rand Paul tells NOVA. "The worry is that in two
[to] three years we will have 30,000 drones crisscrossing the sky accumulating
all this information."
In addition to
Singer and Paul, to try to answer all these questions NOVAinterviewed
the "father" of the Predator drone, the most widely used killer drone
in the U.S. arsenal, several
drone pilots and Vijay Kumar, a University
of Pennsylvania
Check out the
teaser trailer above to have an idea of what "Rise of the Drones" is
all about. The full documentary will air Wednesday at 9 p.m. ET on PBS
Photo courtesy of
General Atomics Aeronautical Systems, Inc.
TOPICS: DOCUMENTARY, DRONES, PBS, TELEVISIO
New
Stanford/NYU study documents the civilian terror from Obama's drones
New research shows the
terrorizing impact of drones in Pakistan
Glenn Greenwald: "A one-day attack on US
A vitally important and thoroughly
documented new report on
the impact of Obama's drone campaign has just been released by [JAMES CAVALLARO
AND OTHER] researchers at NYU School of Law and Stanford University
Law School Pakistan
The report is "based on over 130
detailed interviews with victims and witnesses of drone activity, their family
members, current and former Pakistani government officials, representatives
from five major Pakistani political parties, subject matter experts, lawyers,
medical professionals, development and humanitarian workers, members of civil
society, academics, and journalists." Witnesses "provided first-hand accounts of drone strikes, and
provided testimony about a range of issues, including the missile strikes
themselves, the strike sites, the victims' bodies, or a family member or
members killed or injured in the strike".
Here is the powerful first three
paragraphs of the report, summarizing its main findings:
While
noting that it is difficult to obtain precise information on the number of
civilian deaths "because of US efforts to shield the drone program from
democratic accountability", the report nonetheless concludes: "while
civilian casualties are rarely acknowledged by the US
government, there is significant evidence that US
But beyond
body counts, there's the fact that "US drone strike policies cause
considerable and under-accounted for harm to the daily lives of ordinary
civilians, beyond death and physical injury":
In other
words, the people in the areas targeted by Obama's drone campaign are being
systematically terrorized. There's just no other word for it. It is a campaign
of terror - highly effective terror - regardless of what noble progressive
sentiments one wishes to believe reside in the heart of the leader ordering it.
And that's precisely why the report, to its great credit, uses that term to
describe the Obama policy: the drone campaign "terrorizes men, women, and
children".
Along the same lines, note that the report
confirms what had already been previously documented: the Obama campaign's
despicable (and likely criminal) targeting of rescuers who arrive to provide
aid to the victims of the original strike. Noting that even funerals of drone victims have been targeted under Obama,
the report documents that the US
"Secondary
strikes have discouraged average civilians from coming to one another's rescue,
and even inhibited the provision of emergency medical assistance from
humanitarian workers."
In the hierarchy of war crimes, deliberately targeting rescuers and funerals - so that aid workers are petrified to treat the wounded and family members are intimidated out of mourning their loved ones - ranks rather high, to put that mildly. Indeed, the
Perhaps
worst of all, the report details at length that the prime excuse offered by
Obama defenders for this continuous killing - it Keeps Us Safe™ by killing The
Terrorists™ - is dubious "at best"; indeed, the opposite is more
likely true:
All the way back in 2004, the Rumsfeld
Pentagon commissioned a study to determine the causes of anti-US terrorism, and even
it concluded: "Muslims do not 'hate our freedom,' but rather,
they hate our policies." Running around the world beating your chest,
bellowing "we're at war!", and bombing multiple Muslim countries does
not keep one safe. It manifestly does the opposite, since it ensures that even
the most rational people will calculate that targeting Americans with violence
in response is just and necessary to deter further aggression.
A one-day
attack on US US
Time and again, those who have
attempted to perpetrate attacks on US
"'Well,
the drone hits in Afghanistan
and Iraq
"'I am part of the answer to the U.S.
The minute he was apprehended by US
authorities, Shahzad, as reported by the Washington Post, "told
agents that he was motivated by opposition to U.S. United
States Pakistan
Perhaps most importantly, the report
documents the extreme levels of propaganda used by the western press to deceive
their citizens into believing pure myths about the drone campaign. As I've argued before, the worst of these myths is the
journalistic mimicry of the term "militants" to describe drone
victims even when those outlets have no idea who was killed or whether that
term is accurate (indeed, the term itself is almost as ill-defined as
"terrorist"). This media practice became particularly inexcusable
after the New York Times revealed in May that "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."
Incredibly, even after that radical
redefinition was revealed, and even after the Obama administration got caught
red-handed spewing demonstrable falsehoods about the identity of drone victims,
US media outlets continued to use the term "militant" to describe drone victims. The new
report urges that this practice stop:
Significantly, the report says the
prime culprit of these evils is what it calls the "dramatic
escalation" of the drone campaign by the 2009 Nobel Peace laureate -
escalated not just in sheer numbers (in less than four years, Obama "has
reportedly carried out more than five times" the number ordered by Bush in
eight years), but more so, the indiscriminate nature of the strikes. As Tuesday's Guardian article on this report states: it "blames
the US
The report is equally damning when
documenting the attempts of the Obama administration to suppress information
about its drone victims, and worse, to actively mislead when they deign
selectively to release information. Recognizing the difficulty of determining
the number of civilian deaths with exactitude - due to "the opaqueness of
the US U.S.
drone strikes in Pakistan 's
tribal areas than U.S.
(The report is particularly scathing
about the patent unreliability of the New America Foundation and its leading
drone-and-Obama cheerleader, Peter Bergen, also of CNN, who has been amply rewarded with lucrative access by the administration he dutifully
defends. Echoing a recent article by the Atlantic's Conor Friedersdorf and an analysis from the Bureau of Investigative Journalism,
the report concludes that scrutiny of Bergen's key claims "has since
revealed omissions and inconsistencies in New
America Foundation's dataset, calling its widely publicized conclusions into question."
It documents "several other glaring omissions from New America
Foundation's data" used to depict Obama's drone campaign as far more
benign than it actually is.)
Finally,
the report notes the threat to democratic accountability posed by the Obama administration's
refusal to allow any transparency or judicial oversight regarding who the
president orders killed: "The opaque position of the US
What has always made that question
particularly pressing for me is that American progressives cheered loudly when
a similar question was posed by Al Gore in a widely celebrated 2006 speech he gave on the Washington
mall denouncing the
Bush/Cheney assault on civil liberties:
"'If the president has the inherent authority to eavesdrop on American citizens without a warrant, imprison American citizens on his own declaration, kidnap and torture, then what can't he do?'"
What has always amazed me about that is
that, there, Gore was merely decrying Bush's mere eavesdropping on Americans
and his detention of them without judicial review. Yet here Obama is claiming
the power to decide who should be killed without
a shred of transparency, oversight, or due process - a power that is being
continuously used to kill civilians, including children - and many of these same progressives now actually cheer for that.Democrats spent several days
at their convention two weeks ago wildly cheering and chanting whenever President Obama's use of
violence and force was heralded. They're celebrating a leader who is
terrorizing several parts of the Muslim world, repeatedly killing children,
targeting rescuers and mourners, and entrenching the authority to exert the
most extreme powers in full secrecy and without any accountability -- all while
he increases, not decreases, the likelihood of future attacks. This new
Stanford/NYU report is but the latest in a long line of evidence proving all of
that.
1.
Living Under Drones (academic study) - Wikipedia, the free ...
en.wikipedia.org/wiki/Living_Under_Drones_(academic_study)
Living Under Drones full title: Living Under Drones: Death, Injury and
Trauma to ... inPakistan, is an academic
study authored by Professor James Cavallaro, ...
2.
Living Under Drones: Death, Injury and Trauma to Civilians from US ...
livingunderdrones.org/report/
Cavallaro, Knuckey, and Sonnenberg supervised
and directed the preparation .... Thoseliving under drones have to face the
constant worry that a deadly strike ...
3.
U.S. Tries to Drown Out the Downsides of Drone Strikes - Room for ...
www.nytimes.com/...drone.../us-tries-to-drown-out-the-downsides-of...
Sep 26, 2012 – By James Cavallaro and Sarah Knuckey. ... of Law are co-authors,
with Stephan Sonnenberg of Stanford, of the report “Living Under Drones.” ...
4.
Study Finds U.S. Drone Strikes in Pakistan Miss Militant Targets and ...
www.democracynow.org/.../study_finds_us_drone_stri...
Sep 26, 2012
In "Living Under Drones," researchers
conclude the dronestrikes "terrorize ... We're joined by report ...
6.
Drone strikes in Pakistan have killed many civilians, study says - Los ...
articles.latimes.com/2012/sep/24/world/la-fg-drone-study-20120925
Sep 24, 2012 – The report, "Living Under Drones," also concludes
that the classified... of drone attacks, said James Cavallaro of Stanford, one of the
study's ...
Telling the truth for 30 years...
Nav view search
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January/February 2013,
Pages 34-35
Special Report
Assassination Drones: A New Type of Warfare
By Pam Bailey
"Death, destruction, disease,
horror. That's what war is all about, Anon. That's what makes it a thing to be
avoided. [But] you've made it neat and painless. So neat and painless, you've
had no reason to stop it." —Captain Kirk, "Star Trek"
Warfare used to be an emotional, messy,
painful exercise no matter which side you were on. The inevitability of death
and destruction for the aggressor as well as the "targets" provided a
strong incentive to end any war. But drones (also known as UAVs, or unmanned
aerial vehicles) make waging war physically and emotionally painless for those
who deploy them. This has enormous consequences for Americans, who must foot
the bill as well as bear the consequences of the inevitable anti-U.S. backlash.
But even more serious are the ramifications for the citizens on the
"receiving end," whose own governments may or may not be complicit.
In October of 2012, CODEPINK: Women for Peace organized a delegation
to Pakistan, the country most in the "crosshairs" of the CIA's drone
force, to protest what it considers an immoral and illegal expansion of
traditional warfare; stand in solidarity with the families who have become
"collateral damage"; and learn more about a country that few
Americans understand, even as our government wages a virtual war against it.
However, the issues at hand are just as applicable to the Gaza Strip (where U.S. ally Israel
uses the same technology to target Palestinians), Yemen ,
Somalia
Controlled remotely by "pilots" thousands of miles
away, drones are used both to kill and for surveillance—keeping constant watch
over a targeted community. Even the seemingly more benign surveillance has a
deeply damaging psychological impact. One Pakistani father of three who is
raising his family in Waziristan , the tribal
territory most targeted by the CIA for suspected terrorist activity, explained
it this way: "Drones are always on my mind. It makes it difficult to
sleep. They are like a mosquito. Even when you don't see them, you can hear
them, you know they are there."
In Living Under Drones, a report produced by the Stanford
International Human Rights and Conflict Resolution Clinic, psychiatrists call
this pervasive worry common to conflict zones "anticipatory anxiety."
People are constantly worrying, "when is the next drone attack going to
happen?" When they hear the sound of a drone, they run to seek shelter.
Despite these insidious effects, the U.S. Afghanistan and Iraq ,
and want U.S. U.S. U.S.
Just what is wrong with that? Consider:
§
The
definition and targeting of "terrorists" are alarmingly ambiguous and
arbitrary.
§
Drones
aren't as precise as they have been advertised; civilians are increasingly
"collateral damage."
§
The
result: "blowback"—a lesson we should have learned when we funded themujahedeen to fight the Soviets in Afghanistan
§
Drone
attacks undermine what little respect remains for international law.
And just whom are we really killing?
Increasingly, drone attacks in Pakistan
In the vast majority of strikes today, the identity of the
individuals targeted isn't known. As a result, reports Reuters, of the 500
"militants" killed by drones between 2008 and 2010, only 8 percent
have been confirmed to be mid- to top-tier organizers or leaders.
"If they think specific people have done something wrong,
arrest them and bring them to court. That is a basic right you give to your own
people," said Karim Khan, a Pakistani journalist whose compound was
destroyed by a Hellfire missile from an American drone on Dec. 24, 2009.
Only three persons were in Khan's compound when the drone fired
six Hellfire missiles: a mason who was building a mosque nearby, Khan's
16-year-old son and his younger brother, who worked as a teacher and believed
education was more powerful than the gun. Instead, the drones taught his
students hatred. Although Washington
Between June 2004 and September 2012, reports the Bureau of
Investigative Journalism, the U.S.
has unleashed 346 drone attacks on Pakistan
Blowback: Reaping What
We Sow
The Pew Research Center
reported in June of 2012 that 74 percent of Pakistanis now consider the U.S.
"I interviewed young children from Waziristan and
surrounding areas, all under the age of 21, who were being questioned by
Pakistani authorities for having links with extremist organizations, including
Taliban factions," Anum Abbasi, an associate with the Research Society of
International Law (RSIL) in Islamabad, told the CODEPINK delegation. "What
became clear from this empirical research [not yet published] is that a primary
motivator is the U.S.
And most certainly, anti-American sentiment.
International law:
Bending it to Fit
The question of whether drone attacks are legal, in letter or
spirit, under international law is a matter of much debate, and the answer
depends on whether the U.S.
According to the authors of Living
Under Drones, "The
U.S. government's extreme reluctance to provide details about particular
strikes or the targeted killing program in general has impeded much-needed
democratic debate about the legality and wisdom of U.S. policies and
practices....The U.S. has largely refused to answer basic questions about the
drone program posed in litigation or by civil society, journalists, or public
officials."
There is a growing consensus, however, that the U.S. World
Trade Center U.S.
Whether they are legal or not, perhaps
the most important question is whether drone strikes that cause significant
"collateral damage" are moral—especially given that they are
used to kill people in countries against which Washington has not even declared
war.
Pam Bailey is a free-lance
writer who travels frequently to Palestine and
other "targets" of U.S. Pakistan
DALE SPRUSANSKY,
“AMERICANS MUST DEMAND DETAILS OF THEIR GOVERNMENT’S DRONE WAR.”
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Archives Washington Report Archives (2011-2015) 2013 January-February Americans
Must Demand Details of Their Government's Drone War
Archives Washington Report Archives (2011-2015) 2013 January-February Americans
Must Demand Details of Their Government's Drone War
January/February 2013,
Pages 36-37
Special Report
During a recent visit to the Smithsonian's National Air and Space Museum
in Washington , DC
Unfortunately, that child's naïveté is not so different from
that of the American public. While, unlike the child, most adults are aware
that drones are used to kill individuals believed to be terrorists, few
Americans have ever paused to genuinely consider or question the legal, moral
and strategic implications of their government's drone program.
The U.S. has
been carrying out drone strikes against targets in Afghanistan ,
Pakistan , Somalia and Yemen
Just as the boy in the museum blindly accepted that his dad's
job is "cool," so too do the American people seem to have blindly
accepted drone warfare as an empirical fact of the 21st century. War-weary
Americans seem to have little concern over military operations that do not
directly risk the lives of U.S. Pew Research Center
poll found that 60 percent of Americans believe the U.S.
should immediately remove troops from Afghanistan U.S.
These polls seem to suggest that drone warfare simply is not
seen by many Americans as a form of war. If unmanned aircraft were terrorizing
their communities and killing their neighbors, it is likely that Americans
would have a vastly different perspective. As Americans upgrade their
technological gadgets this holiday season, perhaps they should also update
their understanding of war. As Pam Bailey outlines on p. 34, drones do indeed
represent a new type of 21st century warfare, a type that Americans must
acknowledge as existing, then fully vet and question before it becomes
institutionalized.
A major reason for the broad American acceptance of killer
drones is that both political parties have largely ignored the drone issue. In
a deeply divided nation, drones seem to be one of the few areas where Democrats
and Republicans are able to agree. Because partisan feuds drive mainstream news
coverage, the lack of disagreement on this issue has resulted in it being the
topic of little discussion in major American media outlets. Speaking at a Nov.
16 congressional briefing organized by Rep. Dennis Kucinich (D-OH) on the topic
of drones (see p. 63), Bob Naiman, policy director at Just Foreign Policy,
highlighted this phenomenon. "If Congress isn't talking about something,
it's not perceived as controversial," he astutely pointed out.
The bipartisan silence on this issue was on full display at the
Oct. 22 foreign policy presidential debate in Boca Raton , Florida Middle
East . Just like that, the presidential candidates of the country's
two major political parties assured the 59.2 million Americans watching that
they need not concern themselves about drones.
President Obama's decision not to answer the drone question at
the debate reflects the approach he has taken to the topic throughout his
presidency. Indeed, he did not publically acknowledge the use of drones in Pakistan Woodrow Wilson
International Center
Despite talk of greater transparency, however, the
administration officially has released very few details regarding the program
to date. Speaking to CNN's Jessica Yellin in September 2012, President Obama
refused to provide specifics about the program. "I've got to be careful
here. There are classified issues…I can't get too deeply into how these things
work," he told Yellin, while assuring her that drone strikes are carefully
planned and carried out.
What little is known of the U.S. drone
program comes from unnamed sources quoted in newspapers such as The
New York Times, whose
May 2012 article "Secret 'Kill List' Proves a Test of Obama's Principles
and Will" is the most in-depth overview of the drone program published in
a U.S. paper to date. The fact that details of the drone program have been
leaked seemed to bother the allegedly transparent President Obama, who told
Yellin, "A lot of what you read in the press that purports to be accurate
isn't always accurate."
Aside from the fact that elected officials largely ignore the
issue, another reason the much-needed national dialogue on drones has not taken
place can be attributed to the moral relativism that cripples the minds of many
Americans. To many in this country, people living in Pakistan
and Yemen Georgetown University
This idea of the relative value of
lives has been openly discussed in the media. Appearing on MSNBC's Oct. 23
"Morning Joe" program, Time magazine columnist Joe Klein offered a
disturbing justification of the American drone program. "The bottom
line," he said, "is whose 4-year-old gets killed? What we're doing is
limiting the possibility that 4-year-olds here get killed by indiscriminate
acts of terror." Bottom line: in the U.S.
While, to varying extents, each culture has its own
"others"—those who, for whatever reason, are seen as being less
deserving of their rights, not to mention their lives—the notion of
"otherness" is quintessentially un-American. It must be remembered,
however, that Americans, like everyone else in the world, are not inherently
hateful or unsympathetic. Rather, unfortunate events, such as the 9/11 attacks,
or the firing of a drone at a village, can poison human minds and lead
generations to believe and act upon mistruths. The drone program is thus the
result of the pervasive mistruth that the Muslim world is rife with terrorists
who must be killed before they kill us.
While the issue of moral relativism is daunting and difficult to
reverse, it must not be used as an excuse to allow the drone program to
continue unabated. Because most Americans are good-hearted people, it is
essential that they be informed of the realities of drone warfare—particularly
when it comes to the deaths of innocent civilians (which have been
underreported by the Obama administration and the media).
Despite the unfortunate fact that they have mistrustful views of
the Muslim world, the American people as a whole would not support the drone
program if they knew it was claiming the lives of far too many civilians,
allowing al-Qaeda to expand in places like Yemen, and being used 98 percent of
the time to kill low-level insurgents who posed no credible threat to the U.S.
Just Foreign Policy's Naiman is thus likely correct in stating, "If the
American people found out what the real [drone] strategy was, I'm sure they
would not support it."
As President Obama prepares to begin his second term, now is the time for the
American people to demand clear answers about his administration's killer drone program. A new system of warfare
must not become normalized before all the facts have been presented and the
American people have had the opportunity to participate in a national debate.
Drone warfare must not be permitted to proceed unchecked for another four
years.
Dale Sprusansky is assistant editor of WRMEA
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Letters
Drones, My Lai , and
Prosecuting the Powerful John Glaser, October 31, 2012
Print This | Share
This | Comment
[Dick: I read this in The War Crimes Times pub. by Veterans
for Peace (Winter 2013).
In April of this year, President Obama approved the CIA’s request to begin launching
targeted assassinations in Yemen through drone strikes even when the identities
of those being targeted is not known. The US
government calls these “signature strikes,” and they are being deployed
constantly in both Yemen and
Pakistan
But a new academic paper describes signature strikes as
“legally suspect.” Kevin Jon Heller, professor at
The drone war has been receiving
renewed focus among academics skeptical of its legality and adherence to human
rights. A study last month from the Stanford
and NYU schools of law found that the drone program is “terrorizing” the
civilian population of Pakistan
Heller deals primarily with the question of legality under
international law. Broadly speaking, signature strikes are suspect because
international humanitarian law obligates
“[t]hose who plan or decide upon an attack” to
“do everything feasible to verify that the objectives to be attacked
are neither civilians nor civilian objects.” Article
50(1) of the Additional Protols demands that “if there is still ‘doubt’
that an individual is a legitimate target after taking all feasible
precautions, ‘that person shall be considered to be a civilian.’
The many anecdotal instances of
massive civilian casualties in any number of drone strikes throughout the Obama
presidency suggest that these legally mandated precautions were not adhered to;
if no ‘doubt’ remained, we would not see so many incidents like this.
But Heller tackles specific categories of signature strikes and shows that the
criteria for bombing people in these drone strikes violates the law.
Citing a recent New York
Times report,
among others, that described the administration’s method of counting “all
military-age males in a strike zone as combatants…unless there is explicit
intelligence posthumously proving them innocent,” Heller writes:
That status, however, cannot simply be inferred from the fact that an
individual is of military age and is present in
an area that the CIA chooses to attack. As the ICRC has pointed out, membership
in an organized armed group requires actual and continuous participation in
hostilities; it ‘cannot depend on abstract affiliation, family ties, or other
criteria prone to error, arbitrariness or abuse.
The ‘military-age male’ signature, it is worth noting, is an
unfortunate remnant of the Vietnam war, during which the US
“I recall a phrase we used in the field, MAM, for military-age
male. If a helo [helicopter] spotted a peasant in black pajamas who looked
remotely suspicious, a possible MAM, the pilot would circle and fire in front
of him. If he moved, his movement was judged evidence of hostile intent, and
the next burst was not in front but at him. Brutal? Maybe so.”
Powell’s description is echoed – more colorfully – by Lt.
William Calley, the archietct of the infamous 1968 massacre at My Lai :
“[I]f those people weren’t all VC then prove it to me. Show me
that someone helped us and fought the VC. Show me that someone wanted us: one
example only! I didn’t see any… Our task force commander… his star said its a
VC area and everyone there was a VC or a VC sympathizer. And that’s because he
just isn’t yougn enough or old enough to do anything but sympathize.”
The ‘military-age male’ signature is not simply brutal, as
Powell acknowledges. It is also unlawful.
Comparing the Obama administration’s criteria for signature
drone strikes to one of the most notorious war crimes in modern memory is an
extraordinary statement that the media and the political class are simply
ignoring.
Another criteria Heller focuses on
is “consorting with known militants.” The US has been targeting and killing
people they determine through their drone cameras are “consorting” with
“militants,” and going on to stand by these killings as morally and legally
legitimate. Heller says this doesn’t meet the requirements for participating in
hostilities and therefore targeting on this basis is criminal.
At most, then, consorting with known
militants can be considered sympathizing or collaborating with and organized
armed group. Neither activity however makes an individual a lawful target. With
regard to sympathizing, the UN Sub-Commission on Human Rights adopted a
resolution in 1985 that specifically condemned the US-backed El Salvadoran
government’s practice of killing peasants it believed were sympathetic to the
FMLN. According to the Sub-Commission, “as long as the so-called ‘masses’ do
not participate directly in combat, although they may sympathize, accompany,
supply food and live in zones under the control of the insurgents, they
preserve their civilian character, and therefore they must not be subjected to
military attacks.” With regard to collaboration, the Special Court Sierra Leone
At the very least, the Obama
administration deserves to be investigated for their conduct in the drone war.
Heller doesn’t say all drone strikes are illegal, and he concludes that even
the unlawful strikes “would be difficult to prosecute as war crimes,” because
it’s difficult to prove intent to kill civilians on the part of the Obama
administration. Several high-level officials at the United Nations, however, have speculated that war crimes have been committed in
instances where the Obama administration targeted rescuers in follow-up strikes
or funeral attendees – both of which have been alleged.
But even putting war crimes prosecution aside, crimes have
clearly been committed. The Obama administration, however, is the most powerful
cabinet in the world. And the powerful don’t typically submit to the law.
Aggressive prosecutions and harsh jail sentences need to be reserved for
pot-smokers and convenient store thieves. The powerful can’t be bothered with
thousands of dead civilians and international laws governing the use of force.
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UN announces an
investigation unit to inquire drone attacks on 26
October 2012 [Dick: I read this essay
in VFPs The War Crimes Times Winter
2012.
On 25 October 2012, Ben Emmerson QC, the United Nations’
Special Rapporteur on Counter-Terrorism and Human Rights, announced that a
UN investigation unit would be established early next year “to inquire into
individual drone attacks…and other forms of targeted killing conducted in
counter-terrorism operations.” Emmerson and Christof Heynes, the UN Special
Rapporteur on Extrajudicial, Summary or Arbitrary Executions, are establishing
this body in order to investigate individual drone attacks that are alleged to
have resulted in civilian deaths.
Emmerson noted that since 9/11,
the US Pakistan , Somalia ,
and Yemen
While States have an obligation
to protect their own citizens and, therefore, employ effective
counter-terrorism strategies, the Special Rapporteur emphasized that this
obligation does not give States the option to disregard the human rights of
“those accused or suspected of involvement in acts of terrorism” or the
communities in which these individuals reside. A recent report released by Stanford and NYU law
schools demonstrated that US
drone strike policies in Pakistan terrorise the entire civilian
population in North Waziristan . These strikes
violate a wide range of human rights: they deprive individuals of their rights
to life, to work, to education, to a cultural life, to self-determination, and
to physical and mental health.
Emmerson also expressed his
opinion that it was “extremely naïve” for the international community to
believe that “that international terrorism in all of its modern forms and
manifestations is capable of being definitively defeated by military means.”
Rather than relying wholly on militaristic means to defeat the global spread of
terrorism, the Special Rapporteur stated that it was essential for a holistic
approach to be adopted that addresses the factors that compel individuals to
resort to terrorist activities. Such an approach requires that human rights and
the rule of law be both respected and protected.
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You are here: Home Archives Washington Report Archives (2011-2015) 2013 January-February Waging
Peace: Dennis Kucinich Holds First Congressional Briefing on Drones
Archives Washington Report Archives (2011-2015) 2013 January-February Waging
Peace: Dennis Kucinich Holds First Congressional Briefing on Drones
January/February 2013,
Pages 63-64
Waging Peace
Dennis Kucinich Holds
First Congressional Briefing on Drones
More than a decade after the U.S. launched its secret drone program, Rep.
Dennis Kucinich (D-OH) hosted Congress' first briefing on the matter on Nov. 16
at the Rayburn House Office
Building
Kucinich opened the hearing by questioning the
strategic and moral standing of the drone program. "There is increasing
evidence that [drone] strikes cause significant harm to civilian populations
and serve as a powerful recruitment tool for terrorists," he said. The
former presidential candidate also expressed concern that those killed by
drones are being denied due process and "deprived of their human
rights."
Kucinich went on to express his disapproval
that the White House has not allowed Congress to view the legal framework it
uses to justify drone strikes. The drone program is "being carried out
with no transparency, no accountability, and no judicial review," he
charged. Arguing that drones must be subject to the same scrutiny and laws as
other weapons, he said, "We must reject the notion that Congress and the
American people have to be kept in the dark."
Not only is "the use of armed drones in a
sovereign country's territory an act of war," Kucinich pointed out, but
the drone program is "an historical undercutting of Article 1 of the
Constitution." Under Section 8, he explained, Congress—and Congress
alone—has the power to declare war. The drone program thus is "not a small
matter," Kucinich said, and called upon people of all political parties to
become involved in this issue.
[On Nov. 28, Kucinich,
along with Reps. Ron Paul (R-TX) and Rush Holt Jr. (D-NJ), introduced H. Res.
819, which compels the administration to release the documents it uses to
legally justify the use of drones to assassinate individuals—including American
citizens—overseas.]
Stanford Law School Professor James Cavallaro, co-author of the
groundbreaking academic study Living Under Drones, highlighted four little-discussed flaws of the drone
program. First, he said, contrary to claims made by the administration,
"drones kill a significant number of civilians." In Pakistan
Second, Cavallaro pointed out, drones cause
psychological disorders and societal harm in impacted areas. Residents of areas
frequently targeted by drones have high levels of anxiety and suffer from PTSD
and nervous disorders, he noted, adding that many are afraid to gather in
groups and opt to keep their children home from school due to fears of
impending drone strikes.
Third, the fact that first responders have
been killed reacting to drone strikes raises serious legal issues, Cavallaro
said. If these killings are intentional, he added, they would constitute war
crimes.
Finally, Cavallaro warned that drones are
unreliable and counterproductive. Noting that 80 percent of detainees at Guantanamo Bay
have been found innocent and released, he asked, "What if the same
proportion holds for those targeted and killed by U.S. U.S.
According to Frank Jannuzi, head of Amnesty International's Washington ,
DC office, the U.S.
Medea Benjamin, co-founder of
CODEPINK, reflected on her recent trip to Pakistan Pakistan
Benjamin also pointed out that law enforcement
agencies here in the U.S.
Bob Naiman, policy director at
Just Foreign Policy, urged Congress to push the administration to provide
redress to innocent individuals adversely impacted by drone strikes. "This
is something Congress could make happen very easily," he said. A public
redress process would not allow the administration to cover-up civilian deaths,
he explained.
—Dale Sprusansky
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