Counterterrorism Law & Prosecuting Terrorists

Obama admin defends killing American terrorists - CNN

On February 23, 2012, CNN's national security blog reported that Jeh Johnson, Defense Department General Counsel, stated during a speech at Yale University that "The targeted killing of those suspected of engaging in terrorist activities against the United States, including American citizens, is justified and legal..."  According to CNN, Johnson is the first government lawyer to officially defend the killing of American citizens engaging in terrorist activities.

In defending the Administration's position, Johnson referenced Hamdi v. Rumsfeld where the Supreme Court held that a U.S. citizen could engage in an armed conflict against America.  Johnson's position mirrors those of State Department legal adviser, Harold Koh, who had previously advocated that targeted killing is not assassination. 

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Do Drones Undermine Democracy? - NYTimes.com

Peter W. Singer, director of the 21st Century Defense Initiative at the Brookings Institution, argues that, “[d]rones are blurring the civilian and military roles in war and circumventing the constitutional mandate for authorizing it,” in the 1/22/12 Opinion section of the New York Times.  Singer writes about killings by the U.S. Government using unmanned aerial vehicles:

And now we possess a technology that removes the last political barriers to war. The strongest appeal of unmanned systems is that we don’t have to send someone’s son or daughter into harm’s way. But when politicians can avoid the political consequences of the condolence letter — and the impact that military casualties have on voters and on the news media — they no longer treat the previously weighty matters of war and peace the same way.

Singer, whose book Wired for War: The Robotics Revolution and Conflict in the 21st Century, named a Book of the Year in 2009 by The Financial Times, is not arguing about the morality of the drone strikes.  Rather, he explains his concern about the policy and legal implications of this technology, writing:

I do not condemn these strikes; I support most of them. What troubles me, though, is how a new technology is short-circuiting the decision-making process for what used to be the most important choice a democracy could make. Something that would have previously been viewed as a war is simply not being treated like a war.

The article is entitled: “Do Drones Undermine Democracy?” and the permalink for the article is: http://www.nytimes.com/2012/01/22/opinion/sunday/do-drones-undermine-democracy.html .

Do Drones Undermine Democracy? - NYTimes.com

Under Obama, an emerging global apparatus for drone killing - Washington Post

On December 27, 2011, the Washington Post featured an article that analyzed the Obama Administration's extensive use of drones to carry out targeted killings and stealth surveillance.  The article notes that "no president has ever relied so extensively on the secret killing of individuals to advance the nation's security goals."

Moreover, the article discusses the controversial nature of the drone program, specifically the "blurred" boundaries between the CIA and the military.  According to the Washington Post,

"Lethal operation are increasingly assembled a la carte, piecing together personnel and equipment in ways that allow the White House to toggle between separate legal authorities that govern the use of lethal force."

Additionally, the article notes that the "convergence" of military and intelligence resources has created "blind spots" in congressional oversight.  Therefore, "no committee has a complete, unobstructed view" of the drones program.  Yet while the article points to the high level of scrutiny that surrounded the Bush-era "detention and interrogation programs," the drone campaign has failed to attract as much scrutiny.   The Washington Post suggests that the unprecedented results and secrecy are two factors that produce such a response.

Continue reading "Under Obama, an emerging global apparatus for drone killing".

 

 

U.S. Confirms Predator Drones Flying Out of Ethiopia - ABC News

ABC News reported on October 28, 2011, that the Obama Administration confirmed the use of Reaper Drones out of Ethiopia in the government's ongoing counterterrorism efforts against al Shabab in Somalia. There are no U.S. military bases in Ethiopia.

Master Sgt. James Fisher, a spokesman for the 17th Air Force, stated that the MQ-9 Reaper drones are not carrying weapons and are only being used to conduct reconnaissance and surveillance.

To read the entire article, go to Article.

U.S. Deploys Kamikaze Drones to Attack Taliban - Bloomberg

On October 19, 2011, Bloomberg.com reported that the U.S. military has begun using "kamikaze" drones against Taliban forces in Afghanistan. According to sources, these drones are less than 24 inches in diameter and weigh approximately six pounds. Also known as "switchblade," these drones have adopted the nickname "kamikaze" drones because they crash into their intended targets.

While the government has not disclosed specific targets, according to one source, these drones could be used against insurgents hiding in small spaces such as ridge lines and shallow caves.

To read the entire article, go to Article.

 

Secret U.S. Memo Made Legal Case to Kill a Citizen - New York Times

An October 8, 2011 article in the New York Times outlined a summary of the principle legal arguments used by the Obama Administration in the recent killing of Anwar al-Awlaki.

According to anonymous sources, a 50-page legal memorandum was prepared by David Barron and Martin Lederman of the Justice Department's Office of Legal Counsel last June. Anwar al-Awlaki was accused of assisting in the planning of an attempted bombing of a Detroit-bound airliner in 2009 and many other al-Qaeda operations.

The memorandum argues among other things, that the killing of Awlaki was legal because it was not feasible to capture him. Moreover, the memorandum's drafters argue that Congress sanctioned the killing, as Awlaki was covered under the Authorization to Use Military Force (AUMF) against al-Qaeda. Ultimately the memorandum concluded that despite being an American citizen, Alwaki was not denied due process, as U.S. legal precedent creates a separate protocol for citizens who join enemy forces.

To read the entire article, go to Article.

U.S. Drone Strikes Kill 25 in Pakistan

Several drone strikes on a house believed to be holding suspected militants in Pakistan’s North Waziristan killed 25 people Friday, including several women, according to reports. The strikes came after Pakistani officials urged Adm. Michael Mullen to halt the strikes this week during Mullen’s visit to Pakistan. Also early Friday, hundreds of militants reportedly attacked a military checkpoint in the north of the area, killing at least 14 security troops, according to the AP.

U.S. Drone Strike Kills 25 in Pakistan’s North Waziristan (Reuters via NYT)
U.S. Drone Attack Kills 25 in Pakistan (AP via WSJ)
Pakistan: U.S. Drone Raid ‘Kills 25’ in N Waziristan (BBC News)
Police: Militant Attack on Checkpoint Kills 14 Pakistani Soldiers (CNN)

Gates says Obama has approved use of armed Predator drones for the first time in Libya

According to The Washington Post, President Barack Obama has approved the use of armed drones in Libya, authorizing U.S. airstrikes on ground forces for the first time since America turned over control of the operation to NATO on April 4.

The Post reports: Marine Gen. James Cartwright, vice chairman of the Joint Chiefs of Staff, said the drones can help counteract the pro-Gadhafi forces’ tactic of traveling in civilian vehicles that make it difficult to distinguish them from rebel forces.

“What they will bring that is unique to the conflict is their ability to get down lower, therefore to be able to get better visibility on targets that have started to dig themselves into defensive positions,” Cartwright said. “They are uniquely suited for urban areas.”

He added, “It’s very difficult to pick friend from foe. So a vehicle like the Predator that can get down lower and can get IDs better helps us.”

For the full text of the article, click below:

Gates Says Obama Has Approved Use of Armed Predator Drones for the First Time in Libya

Britain's Military Examines Drone Ethics

According to the Guardian, Britain’s Ministry of Defence commissioned an in-house study last month examining the ethics of drones and is urging policymakers to consider norms and rules that would govern the use of the rapidly developing technology and robotic warfare.

The Guardian report states that “the recent extensive use of unmanned aircraft over Pakistan and Yemen may already herald a new era,” and that “every time a mistake is made,” insurgents are able to cast themselves “in the role of underdog and the west as a cowardly bully that is unwilling to risk his own troops, but is happy to kill remotely.”

The report continues that the authors hope policymakers will engage in a conversation about the implications of remote warfare, including whether individuals operating drones are considered combatants.

Drone Strikes Prompt MoD to Ponder Ethics of Killer Robots (Guardian)
UK Defense Ministry: Sort Out Drone Ethics or ‘Risk Our Humanity’ (Wired’s Danger Room)

BBC: Hayden reports Drones are "Winning War Against Al Qaeda"

In Part Two of the BBC’s program ‘The Secret War on Terror,’ former CIA chief Michael Hayden says that the drone program in Pakistan “has been a very strong significant force in making the al-Qaeda senior leadership spend most of their waking moments worrying about their survival, rather than threatening yours or mine. And that is a war-winning effort,” according to the BBC.

According to the BBC, Gen Hayden denied the attacks were state-authorised assassinations. He said the US was at war with al-Qaeda and the Taliban, and was simply acting in self-defence.

When I pointed out that legally the war was in Afghanistan not Pakistan, he said that was not how the American administration looked at it.

"No they're not assassinations. This is a war, this is action against opposing armed enemy force. This is an inherent right of America to self-defence...I can only fulfil my moral and legal responsibilities to the citizens of my republic by taking this war to this enemy wherever they may be."

For the full text of the article, click here.