The
ubiquitous drone attacks
Sultan M Hali
Drone attacks, which were only sporadic in the era of George W. Bush,
gained momentum when President Obama took the reins of the Commander-in-Chief
of the US Armed Forces. The reign of terror launched by the ubiquitous drones
has wreaked havoc on the people residing in the tribal belt of Pakistan. Not
only are the attacks illegal and a breach of Pakistan’s sovereignty but a clear
violation of human rights. Nobel laureate for peace President Obama has in fact
taken on the role of Ares, the Greek god of war, who brought bane, ruin, curse
and imprecation on the people.
Thousands of innocent civilians have been killed as collateral damage
through drone attacks in Pakistan, which commenced in 2004. In October 2006, 83
Madrassah students between the ages of 9 and 15 were callously targeted and
killed. It was not till January 2012 that President Obama admitted to the use
of drones in Pakistan to kill the alleged militants. To underscore the
collateral damage and perhaps satisfy the conscience of its people, the US
government has changed the definition of a militant naming any able bodied male
as a militant. This is the most callous and gruesome way of justifying killing
innocent civilians by labeling them as “militants”.
Rubbing salt in the wound, President Obama’s counter-terrorism adviser,
John O. Brennan, last month characterized civilian casualties from drone
strikes as “exceedingly rare.” US State Department legal advisor Harold Koh
stated that the drone strikes were legal because of the right to self-defense.
According to Koh, the US is involved in an armed conflict with al-Qaida, the
Taliban, and their affiliates and therefore may use force consistent with
self-defense under international law. On the other hand, on June 7, 2012 after
a four-day visit to Pakistan, UN High Commissioner for Human Rights Navi Pillay
called for a new investigation into US drone strikes in Pakistan, repeatedly
referring to the attacks as “indiscriminate,” and said that the attacks
constitute human rights violations.
In a report issued on 18 June 2012, Christof Heyns, UN special
Rapporteur on extrajudicial, summary or arbitrary executions, called on the US’
Obama administration to justify its use of targeted assassinations rather than
attempting to capture al Qaeda or Taliban suspects. Earlier this week, Ben
Emmerson UN special Rapporteur on human rights has asked the US to hand over
footage of drone strikes or face UN inquiry, to urge establishing a mechanism
to investigate such killings. He stated that it was time for the US to open
itself up to scrutiny as to the legality of such attacks. While it remains nigh
on impossible for observers to establish the truth on the ground in many of
areas, each strike is visually recorded and videos could be passed to
independent assessors, he explained.
Dennis Halliday, former Assistant to the UN Secretary General, has
opined that in the case of Pakistan, the drone attacks are a total violation of
the sovereignty of Pakistan by the United States. It is a violation of the UN
charter and the provision of the charter which prohibits nation states
attacking each other in this sort of violence and thirdly, it is a violation of
the Geneva Conventions protocols which very specifically preclude the killing
of civilians.
It is ironic that the US Constitution itself advises against the
killing of innocent civilians. An inscription on a bronze plaque on the Statute
of Liberty says: “Give me your tired, your poor, your huddled masses yearning
to breathe free”. Here the United States government, instead of believing in
the policy of live and let live, is killing, maiming and making homeless
thousands of innocent civilians including children, women and old men in
Pakistan.
It is the people of the United States, who remain oblivious of the
atrocities carried out by its administration in the name of war on terror, and
need to be brought on board to exert pressure on their government to cease this
endless killing of innocent civilians. Some US politicians and academics have
condemned the drone strikes. US Congressman Dennis Kucinich asserted that the
United States was violating international law by carrying out strikes against a
country that never attacked the United States. Georgetown University professor
Gary D. Solis asserts that since the drone operators at the CIA are civilians
directly engaged in armed conflict, this makes them “unlawful combatants” and
possibly subject to prosecution. Shahzad Akbar, a Pakistani lawyer has sued the
CIA for its actions of killing innocent civilians through drone strikes. He has
also sued the Pakistan government for failing to protect its own citizens from
strikes by the United States in Pakistan.
Pakistani journalist Karim Khan has sued the CIA for 500 million
dollars in Pakistan’s domestic High Court. Khan has petitioned the Peshawar
High Court for his case, challenging both the US program and Pakistan’s
complicity with the program. His brother and nephew, who became victims of a
drone attack, are claimed to be innocent civilians. Jonathan Banks (perhaps a
cover name) of the then CIA chief in Pakistan, who was named in the lawsuit
along with Robert Gates the then Defence Secretary and Leon Panetta, then CIA
Director was withdrawn from Pakistan.
It’s ironic that the number of drone operators in the US today, far
outnumbers its fighter pilots. A stark reminder that the Obama administration
is relying more and more on the unmanned aerial vehicles, which offer little or
no danger to the US, even if shot down and have become a cost effective method
of dealing with the enemies of the US. The sad part is that the collateral
damage, which is estimated to be more than seventy percent per strike,
continues to be swept under the carpet as if the lives of the innocent
civilians have no value. On the other hand, the relatives of the drone attack
victims are often approached by the terrorists and promised redress for the
lives of their relatives if they join the ranks of the miscreants; thus causing
more harm than good.
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