Use of Drones in Pakistan and Afghanistan: Deadly, but Legal?

By Montero, David | The Christian Science Monitor, August 12, 2009 | Go to article overview

Use of Drones in Pakistan and Afghanistan: Deadly, but Legal?


Montero, David, The Christian Science Monitor


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A daily summary of global reports on security issues.

Unmanned Predator drones have become the face of the US war on terrorism, an unconventional response to an unconventional enemy. And they are seemingly effective. Last week, they struck down one of the US military's most-wanted enemies: Baitullah Mehsud, the head of the Pakistani Taliban.

The drones are likely to become more a regular feature of counterterrorism. But as they do, the US - and allies like Pakistan - will have to confront important questions about their legality. Who, exactly, controls the drones? And by what laws are they governed?

Surprisingly, nobody really knows.

Many global observers are troubled by this fact. One of them is Hina Shamsi, a senior adviser to the Project on Extrajudicial Executions at the NYU School of Law. She wrote recently for CBS News:

There has been no real domestic public debate or meaningful congressional oversight over targeted killings, even though their strategic and policy consequences are hotly contested....

Even the legal basis for the targeted killing policy in Pakistan is shrouded in secrecy. Is the CIA operating under the laws of war or some other law? Under the laws of war, only organized armed forces can kill during hostilities; civilian agencies like the CIA cannot. Who reviews CIA target selection and on what criteria? Unlike the military, which has the laws of war to guide it, we simply do not know how the CIA chooses targets and how many civilian bystanders it decides can be killed before it suspends an airstrike.

Within Pakistan, the laws governing predator attacks have never been made clear, as Ashfaq Ahmed writes in an opinion piece for Gulf News, a newspaper based in the United Arab Emirates.

In fact it seems the government has a dual policy: its officials, including Prime Minister Yousuf Raza Gilani, condemn the US strikes in public, but there are reports of intelligence being shared behind the scenes to facilitate drone attacks. …

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Use of Drones in Pakistan and Afghanistan: Deadly, but Legal?
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