UN: U.S. Drone Strikes May Violate International Law

An AFP article from October 27 says that drone attacks by the United States against individuals in Afghanistan and Pakistan might be in violation of international law. The United Nations' Special Rapporteur on Extrajudicial Executions, Philip Alston, says the drone strikes may amount to summary executions, which are illegal under international law.

Alston is quoted as saying, "The problem with the United States is that it is making an increased use of drones/Predators (which are) particularly prominently used now in relation to Pakistan and Afghanistan. My concern is that drones/Predators are being operated in a framework which may well violate international humanitarian law and international human rights law."

Such a finding would pose a dilemma for President Obama. He has expanded the use of such attacks by unmanned drones as part of his strategy for Afghanistan and Pakistan. Will the President continue a policy he decided was essential in the fight against Islamic radicals in Afghanistan and Pakistan, or will he adhere to international law, possibly to the detriment of U.S. military action?

Alston, who has provided a report on the strikes to the United Nations General Assembly, says, "The onus is really on the United States government to reveal more about the ways in which it makes sure that arbitrary extrajudicial executions aren't in fact being carried out through the use of these weapons."

AFP reports that "US strikes with remote-controlled aircraft against Al-Qaeda and Taliban targets in Afghanistan and northwestern Pakistan have often resulted in civilian deaths and drawn bitter criticism from local populations."

General Stanley McChrystal, the top commander on the ground in Afghanistan, has curtailed the use of airstrikes in populated areas, but that does not seem to be easing the concerns of the United Nations representative.

Alston continued: "We need the United States to be more up front and say, 'OK, we're willing to discuss some aspects of this program,' otherwise you have the really problematic bottom line that the CIA is running a program that is killing significant numbers of people and there is absolutely no accountability in terms of the relevant international laws. I would like to know the legal basis upon which the United States is operating, in other words... who is running the program, what accountability mechanisms are in place in relation to that. Secondly, what precautions the United States is taking to ensure that these weapons are used strictly for purposes consistent with international humanitarian law. Third, what sort of review mechanism is there to evaluate when these weapons have been used? Those are the issues I'd like to see addressed."

http://www.spacewar.com/reports/US_drone_strikes_may_break_international_law_UN_official_999.html