
Christof Heyns, UN Special Rapporteur on Extrajudicial Killings, Summary or Arbitrary Executions (Flickr photo: United Nations - Geneva)
At a conference organized by the American Civil Liberties Union (ACLU) in Geneva, Switzerland, Christof Heyns, a UN Special Rapporteur on Extrajudicial Killings, Summary or Arbitrary Executions, strongly condemned the United States’ targeted killing program and the country’s use of drones to carry out extrajudicial executions abroad. Heyns told attendees the program threatens fifty years of international law and, according to The Guardian, some of the drone attacks the United States has carried out likely were “war crimes.”
Heyns reportedly said, ”Are we to accept major changes to the international legal system which has been in existence since World War II and survived nuclear threats?” He made the slippery slope argument, saying if “some states” happen to “find targeted killings immensely attractive” today, “others may do so in the future.” The use of targeted killing weakens the rule of law. Acknowledging that killings would be “lawful” in “armed conflict,” he said many of the targeted killings are taking place away from battlefields where war has not been declared. And, as The Guardian story notes, he “ridiculed the US suggestion that targeted UAV strikes on al-Qaeda or allied groups were a legitimate response to the 9/11 attacks,” saying, “It’s difficult to see how any killings carried out in 2012 can be justified as in response to [events] in 2001…Some states seem to want to invent new laws to justify new practices.”
The UN investigator also mentioned reports indicating “secondary drone strikes on rescuers” helping injured after “initial” drone attacks were occurring. If so, these attacks would be “war crimes.” What he was referring to was reporting done by the UK-based Bureau of Investigative Journalism (TBIJ). In February, TBIJ published analysis suggesting the Central Intelligence Agency (CIA) utilized a tactic that involved launching drone strikes against rescuers and funeral goers.
A “second UN rapporteur, Ben Emmerson QC, who monitors counter-terrorism, announced he would be prioritising inquiries into drone strikes” and “Pakistan’s ambassador to the UN in Geneva, Zamir Akram, who called for international legal action to halt the “totally counterproductive attacks” by the US in his country” were also in attendance. Emmerson, The Guardian reports, asserted “protection of the right to life” meant all countries had duty and obligation to setup “independent inquiries” into drone killings. Akram claimed over a thousand civilians had been killed because of US drone attacks and stated, “We find the use of drones to be totally counterproductive in terms of succeeding in the war against terror. It leads to greater levels of terror rather than reducing them.”
The conference occurred a day after a statement was delivered by the ACLU’s National Security Project Director Hina Shamsi to the UN Human Rights Council. Shamsi charged, “The United States has cobbled together its own legal framework for targeted killing, with standards that are far less stringent than the law allows. Senior U.S. government officials have claimed self-defense and law of war authority to target and kill suspected terrorists in states with which and in which the United States is not at war, based on largely secret legal criteria, entirely secret evidence, and a secret process.” She wholly condemned the US government secrecy around the program.
Less than twenty-four hours later, the US government filed a brief defending this secrecy and asking for a judge to dismiss a Freedom of Information Act (FOIA) lawsuit filed by the ACLU for records on the targeted killing program:
The consolidated FOIA requests at issue here seek multiple categories of records relating to the alleged U.S. government use of targeted lethal force against U.S. citizens and other persons associated with al-Qaida and other terrorist groups. The issues surrounding the U.S. government’s use of lethal force are undoubtedly of the utmost public concern. And for that reason, officials at the highest levels of the Executive Branch have carefully analyzed the various interests at stake. One result of that analysis has been a series of speeches by the State Department Legal Adviser, by the Department of Defense General Counsel, by the Attorney General, and by the Assistant to the President for Homeland Security and Counterterrorism that have set forth for the American people the legal analysis and process involved in the determination whether to use lethal force.
At the same time, the Executive Branch deliberations reflect the reality that plaintiffs’ requests implicate highly sensitive records. For example, to enumerate and describe the records responsive to the FOIA requests would tend to reveal whether or not the Central Intelligence Agency (“CIA”) is authorized to, and does in fact, directly participate in targeted lethal operations, and whether or not the U.S. government possesses specific intelligence information about particular individuals. Yet, Congress has made the judgment in the CIA Act and the National Security Act that information concerning such intelligence sources and methods should be exempt from public disclosure.
In other words, we, the United States government, will tell the public what we think they need to know about the program and anything we don’t make public is information that could invite scrutiny and further complicate our ability to wage a global war on terrorists.
The ACLU has been working for months to force the disclosure of this information so the public can have key questions about the US government’s use of drones answered. The ACLU wants this information disclosed so answers on whether the US Constitution legally authorizes the President to target individuals for killing without judicial process. They have sought legal memos that provide justification for the flouting of humanitarian and human rights law that has been escalating in the past couple of years of the Obama presidency. And, not only are civil liberties organizations like the ACLU demanding this information, members of Congress are also demanding to see the legal justification for drone strikes as well.
Rather than let organizations like the ACLU and the wider public use FOIA to get answers to these key questions, the administration has chosen to shrewdly try to satisfy those critical of US drone operations and policy by engaging in cheap attempts at transparency, which involve trotting out senior officials who downplay or outright dismiss concerns about the program. They have opted to propagandize the issue with statements that barely answer questions from concerned citizens and human rights and civil liberties organizations.
The propaganda and secrecy is not just appalling, but it also makes a mockery of the Freedom of Information Act. As the ACLU declared in one of its filings in the lawsuit, the CIA is being allowed to “deny the existence of the drone program” as the Obama administration “carries on a propagandistic campaign of officially sanctioned leaks.” The filing added:
For more than two years now, senior government officials have freely disclosed information about the CIA’s drone program, both on the record and off, while the CIA has insisted to this Court and others that the program cannot be discussed, or even acknowledged, without jeopardizing national security. One consequence is that the public’s understanding of the effectiveness, morality, and legality of the government’s bureaucratized killing program comes solely from the government’s own selective, self-serving, and unverifiable representations concerning it. This is not simply lamentable but dangerous, and, again, it is precisely what the FOIA was designed to prevent.
However, members of the Obama administration do not care what effect their actions have on the ability of citizens to access information. They think it is entirely reasonable to have officials interviewed by news correspondents like Daniel Klaidman, who recently published the book Kill or Capture that highlights the CIA role in drone strikes, while at the same time arguing to a judge that they should not have to confirm or deny the existence of a CIA program.
That is how blatant their disregard is for transparency and openness in government. And they wouldn’t engage in this conduct if they didn’t think they could induce a judge to rule in their favor by hyping the threat to national security that releasing this information would pose. A District of Columbia District Court judge, Rosemary M. Collyer, already issued a summary judgment in favor of the CIA in September 2011 allowing them to get away with not confirming or denying the existence of a targeted killing program. Now, much on America’s use of drones has become public since then, but that does not mean any judge will force the government to reveal more. National security interests can persuade a judge to rule in favor of the US government and ensure just about anything remains concealed.
Here’s Hina Shamsi delivering her statement before the UN Human Rights Council:




29 Comments

RT-tv just did an excellent story on drones and how lobbyiests wrote the bill that will put 30,000 over U.S. skies in next several years.
Boy-oh, is this passing the buck:
Congress allow such information to be exempt from public disclosure when the executive branch claims that the contents meet Congress’s criteria. The executive makes the judgment. Unless some National Security Act and CIA Act wonk has citations to the contrary, I think that’s the way it works.
But Darrell Issa is more interested in Fast and Furious.
As much as we like to badmouth government officials, these people aren’t stupid. They are going to continue the secrecy because they know they’re committing war crimes, they aren’t going to put that sort of information out there voluntarily.
How do I post this to Facebook?
It is a common military and terrorist tactic to time a second bomb, airstrike or artillery barrage a certain interval after a first strike to target those who come out to tend and rescue the wounded. I have no doubt that this is exactly what they do with the drones.
If you click on the “Like” button at the top, it should appear on your Facebook page. Or, you can copy and paste the link into your status and then add a comment if you want and hit “Okay” or “Submit.”
And that’s a war crime.
Oh Shit, Sherlock – just what we need.
How is it there is never any money from the Feds for our schools, our fire departments, our social services, but always money for “really needed” items like killing machines!
Some will argue that we aren’t full blown Nazis yet . By what criteria I haven’t the faintest clue.
“It is forbidden to kill; therefore all murderers are punished unless they kill in large numbers and to the sound of trumpets.” Volraire
Trumpets will be along at any moment.
American exceptionalism, I suppose.
Look, Obysmal is looking after us. So what if a few brown people get the shaft. We are all happy clappy for November right? DailyKult continually tells me so. Romney is a very, very, very, very bad man.
Mr. O. is a beaming source of alleged death.
Why are all drone strikes not war crimes?
How can anyone around here possibly justify a vote for Obama?
Or, quite frankly, justify a civil dialog with those who try?
(… not that I’m divining anyone’s intent…)
exactly.
They spilled this “kill list” and “kills directly approved by the President” for tough guy re-election purposes, thought about it for a while, and got scared.
Maybe Obama got sucker punched by the CIA.
Obama better watch his ass. If Rethugs get in this term or next, they won’t be protecting him, not a chance. The only thing that will protect him is if Americans accept drones, and that ain’t never gonna happen.
Drones have officially demoted mankind from the top of the food chain. We need this stopped right now or you and I will be swooped on for less and less by the sociopaths that want to control the world.
Manufactured in Israel when our companies could easily build them. Not that Im for drones. They are hideous machines of oppression.
Thought I just read a piece that said that Israel is building drones on US soil down south.
Obama is above the law. He knows it, we know it and the world knows it. Though it’s not likely , the worst would be conviction in absentia and have to spend the rest of his days in the USofA as he’d never be extradited. Not going to happen, like me voting for him again.
The victor writes the history. And forms the prosecution.
The AUMF of 2001 has been used as a pretext for a general war against the peace. The first of crimes of war punishable as such. There have been subsequent crimes of war punishable as such.
The principles of the Nurnberg Tribunal set forth here.
Kevin Gosztola — thank you for doing ongoing reporting and framing of these Obama WH stories to illustrate what firstly needs to be seen to begin with and then secondly seen more closely and better. It does matter.
Stay with it.
priestly absolution
http://acmeartscollective.com/thedemise/2012/06/19/v2-06-19-12/
‘We will have to repent in this generation not merely for the hateful words and actions of the bad people, but for the appalling silence of the good people’ – mlking
Well, if you leave aside the ethical problem of making killing easier by separating the actors, a drone strike on a *legitimate* battlefield would be functionally indistinct from manned air support or an artillery strike.
The biggest problem isn’t that we’re using drones, it’s that we’re using them to summarily execute civilians in countries we haven’t declared war on.
A valid point/observation Margaret… goes and gets to the middle of the Obama WH and it’s namesake in way of an explanation. They are not stupid.
As to the Obama WH also perhaps being darkly led by less than transparent motives towards Eye of Sauron goals while not being stupid? This may not be/or perhaps simply is not an outlandish inquiry to make of the Obama WH.
Since Jan.20,2009 POTUS Obama has created a record of doing and keep on doing that in matters such as Bradley Manning or sending out Killer Drones seems anything but merciful,compassionate or interested in doing right by humankind.
They are not stupid. Evidently not guided by Good/Better Angels either.
Wall St. and Big Money folk have a friend in Barack Obama. The sort of humans that were/are addressed on the plaque that commemorates Emma Lazarus at the Statue of Liberty on Liberty Island in New York Harbor? Not so much.
Ok — lets make POTUS Barack Obama do it.
Make SoS Hillary Clinton do it.
Make SoD Leon Panetta do it.
Make AG Eric Holder do it.
Rewarding these four Democrats with enough votes to win the WH again in November 2012 for what KG describes well and good above is sending some kind of message to be sure. I do not see how it is a “stop doing this stuff” message though. Evidently the basic R vs. D gaming principle for many D’s has become when the R’s do it it is Wicked Bad…when the D’s do it?… well vote for them again anyway dammit and shut up about the nasty stuff because now it is being done by Democrats and IOKIYAAD.
Barack Obama and his Obama WH team? They are not stupid. Not so sure about those who want to vote for them again in November 2012.
Democracy is not doing 99% Americans in. Idioticracy is — of a kind far too many of both the R’s and D’s supporters and vendors practice and suffer from often. We have real problems. We need real solutions. Not more pablum and misdirection and political junk food sold as being something better. It is not. Never was. Selling crap better does not make the crap better. Going All Secret All The Time ends up where East Germany landed post WW2 and stays where North Korea is today. More and more one is given to think the USA has gone all Banana Republic anymore. Works for some at the top but falls down hard everyday for far too many others. What has Barack Obama got to hide? Evidently too damn much.
I actually had an argument with my girlfriend about reelecting Obama the other day. As a woman and a feminist, she’s terrified of the idea of Romney getting to appoint Supreme Court Justices, and convinced that they would kill Roe v. Wade ASAP. She also holds the opinion that no matter how bad the Democrats are, the Republicans are measurably worse, so she’s willing to compromise and elect the lesser evil.
Now, if you ask me, I don’t think it makes sense to reelect a corrupt oathbreaker and war criminal to block the war on women; no matter how noble the intent, the act is still foul, and it’s going to come back to bite us, and how do we know he won’t end up supporting the war on women anyway? (If he can betray the voters this badly in his first term, god knows what he’ll do in his last one.) But I’m not the one with the uterus, and a man trying to argue with a feminist about the value of feminist concerns… well, it goes nowhere, that’s all.
I’d like to see different angles of questioning (interrogation) put to the Admin to produce a time line and inventory of every drone (e.g. equipment list, OEMs, subcontractors) and drone use in the US and why as the US has a long history of experimentation well before an official unveiling. I’m going to guess between 2003 and 2005. If it’s before then, that will be mucho interesante. Initial questioning should include Boeing, Insitu (official corporate start date, 1994) and AeroVironment with the possibility of flushing out additional groups.
From Topsy.Com but originals no longer available:
Cray Red Storm CPU = AMD Opteron™ 2.4 GHz dual-core processors and AMD Opteron™ 2.2 GHz quad-core processors … Cray Investor Info with indication of 2002 milestone … Lockheed Martin Corporation (Dick Cheney family) touching the project with DOE’s National Nuclear Security Administration (NNSA) in 2003
From Twitter.com:
that’s ironic. I can totally see Obama betray women. Look at the way the two wives live. I see him as a complete opportunist and if he thinks the country is going to the right he will justify his actions by saying he is protecting his daughters.
Thanks.