UN Special Rapporteur Condemns America’s Killer Drones

One of last Friday’s big stories somewhat lost in the hustle and focus on the BP Gulf oil disaster and the holiday weekend concerned the continuing outrage of the US drone targeted assassination program. Specifically, Charlie Savage’s report at the New York Times that the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Philip Alston, was expected to issue a report calling on the United States to stop Central Intelligence Agency drone strikes thus “complicating the Obama administration’s growing reliance on that tactic in Pakistan”.

Today, the report is out, and Charlie Savage again brings the details in the Times:

A senior United Nations official said on Wednesday that the growing use of armed drones by the United States to kill terrorism suspects is undermining global constraints on the use of military force. He warned that the American example will lead to a chaotic world as the new weapons technology inevitably spreads.

In a 29-page report to the United Nations Human Rights Council, the official, Philip Alston,the United Nations Special Rapporteur on extrajudicial executions, called on the United States to exercise greater restraint in its use of drones in places like Pakistan and Yemen, outside the war zones in Afghanistan and Iraq. The report — the most extensive effort by the United Nations to grapple with the legal implications of armed drones — also proposed a summit of “key military powers” to clarify legal limits on such killings.

In an interview, Mr. Alston, said the United States appears to think that it is “facing a unique threat from transnational terrorist networks” that justifies its effort to put forward legal justifications that would make the rules “as flexible as possible.”

Here is Alson’s official report.

Interestingly, Alston’s report comes hot on the heels of the news the biggest get yet for the Obama drone assassination program, Al-Qaida Number Three (or at least the latest Number Three) Mustafa Abu al-Yazid. But Alston, although indicating that al-Yazid migh could be distinguished because of the direct al-Qaida status, nevertheless expressed reservations even is such situations.

For example, it criticized the United States for targeting drug lords in Afghanistan suspected of giving money to the Taliban, a policy it said was contrary to the traditional understanding of the laws of war. Similarly, it said, terrorism financiers, propagandists and other non-fighters should face criminal prosecution, not summary killing. Read more

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The National Security Strategy

In this thread, a couple of us starting talking about word counts for the National Security Strategy. So I decided to put together a word map of the document for our fun and enlightenment. Click the image to enlarge it.

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Cutting Social Security in the Name of National Security

As a number of people have observed, the National Security Strategy Obama released last week prioritizes the economic vitality of the US as one source of security. Much of this discussion places a predictable focus on trade, technology, and education. But I was shocked by the almost mindless privileging on deficit reduction in the document.

For example, the overview paragraph that introduces the importance of our economic health puts reducing the deficit on par with education, science, energy, and health care.

At the center of our efforts is a commitment to renew our economy, which serves as the wellspring of American power. The American people are now emerging from the most devastating recession that we have faced since the Great Depression. As we continue to act to ensure that our recovery is broad and sustained, we are also laying the foundation for the long term growth of our economy and competitiveness of our citizens. The investments that we have made in recovery are a part of a broader effort that will contribute to our strength: by providing a quality education for our children; enhancing science and innovation; transforming our energy economy to power new jobs and industries; lowering the cost of health care for our people and businesses; and reducing the Federal deficit. [my emphasis]

The paragraph immediately following tries to connect all of these ideas directly with security. Yet its explanation for the importance of deficit reduction is so vague as to be meaningless.

Each of these steps will sustain America’s ability to lead in a world where economic power and individual opportunity are more diffuse. These efforts are also tied to our commitment to secure a more resilient nation. Our recovery includes rebuilding an infrastructure that will be more secure and reliable in the face of terrorist threats and natural disasters. Our focus on education and science can ensure that the breakthroughs of tomorrow take place in the United States. Our development of new sources of energy will reduce our dependence on foreign oil. Our commitment to deficit reduction will discipline us to make hard choices, and to avoid overreach. These steps complement our efforts to integrate homeland security with national security; including seamless coordination among Federal, state, and local governments to prevent, protect against, and respond to threats and natural disasters. [my emphasis]

We don’t get any better explanation of the importance of deficit reduction in the paragraphs dedicated to economic issues later in the document. The NSS first claims that deficit reduction, along with an emphasis on savings and reforming our financial system, will be all that it takes to make the US economy more export-driven–a claim that ignores a number of the reasons we’ve become less competitive internationally.

Save More And Export More: Striking a better balance at home means saving more and spending less, reforming our financial system, and reducing our long-term budget deficit. With those changes, we will see a greater emphasis on exports that we can build, produce, and sell all over the world, with the goal of doubling U.S. exports by 2014. This is ultimately an employment strategy, because higher exports will support millions of well-paying American jobs, including those that service innovative and profitable new technologies. As a part of that effort, we are reforming our export controls consistent with our national security imperatives.

And then it throws in a paragraph dedicated to deficit reduction which offers little to explain why that–rather than a range of other actions–is so central to our national security (though it does make it pretty clear this deficit reduction won’t focus on military spending).

Reduce the Deficit: We cannot grow our economy in the long term unless we put the United States back on a sustainable fiscal path. To begin this effort, the Administration has proposed a 3-year freeze in nonsecurity discretionary spending, a new fee on the largest financial services companies to recoup taxpayer losses for the Troubled Asset Relief Program (TARP), and the closing of tax loopholes and unnecessary subsidies. The Administration has created a bipartisan fiscal commission to suggest further steps for medium-term deficit reduction and will work for fiscally responsible health insurance reform that will bring down the rate of growth in health care costs, a key driver of the country’s fiscal future.

The thing is, there are a number of economically-related issues that are more closely connected with our national security yet receive inadequate attention, in some cases because doing so would conflict with the ideology of the deficit hawks.

Manufacturing: For example, there is absolutely no discussion of the role of manufacturing in national security. The NSS sees investing in science, technology, engineering, and math education as one means to keep American competitive technologically. It calls for federal investment in science research. But it neglects the way in which manufacturing turns this know-how into capacity that has always been central to US dominance. At a time when we risk losing key capacities to make our nifty war toys because of the decline in manufacturing, this silence is particularly troubling. But rebuilding our manufacturing capacity takes more than investment in basic science; it requires a concerted strategy to help the US compete with the mercantilist economies that increasingly dominate manufacturing.

Real Financial Reform: While the NSS–as the fourth blockquote above makes clear–pays lip service to reforming our financial system, it never explicitly acknowledges that this must mean more than restoring stability. It must also incent investment in productive capacity rather than bubbles. And the Administration has repeatedly stopped far short of such reforms. Indeed, the Administration has pointedly avoided doing the things that might return our economy to making things again, rather than encouraging finance as a key driver of economic growth.

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Apparently Missing Biblical Irony, Nuclear Power Israel Complains about Slingshot Attacks

As Siun reported earlier, last night some Israeli commandos attacked some humanitarian ships bringing supplies to Gaza. A number of civilians were killed.

Since then, the IDF has released a series of videos, captioned in English, apparently attempting to spin their own raid as an attack on the poor defenseless Israelis. I found this one–in which a latter-day Israeli Goliath complains about the slingshots civilians used to defend themselves–particularly ironic.

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That Iraq Withdrawal We Elected in 2008?

Not gonna happen.

I have sent the enclosed notice to the Federal Register for publication, continuing the national emergency with respect to the stabilization of Iraq. This notice states that the national emergency with respect to the stabilization of Iraq declared in Executive Order 13303 of May 22, 2003, as modified in scope and relied upon for additional steps taken in Executive Order 13315 of August 28, 2003, Executive Order 13350 of July 29, 2004, Executive Order 13364 of November 29, 2004, and Executive Order 13438 of July 17, 2007, is to continue in effect beyond May 22, 2010.

Obstacles to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. Accordingly, I have determined that it is necessary to continue the national emergency with respect to this threat and maintain in force the measures taken to deal with that national emergency.

Love, Barack Obama.

So even as Obama asks for more money for Afghanistan, he’s officially telling Congress the  national emergency with respect to the stabilization of Iraq Iraq War isn’t going to end anytime soon, either.

The Guardian reports the same, though from the perspective of Odierno, not Obama, missing deadlines.

Update: I was too snide when I wrote this. The fatigue of watching the President’s deficit committee argue that we need to cut Social Security just as we’re about to get a $30 billion supplemental (remember, we weren’t supposed to get anymore of those?) to fight a war in Afghanistan many think we can’t win really got to me.

At one level, this appears to be fairly nondescript: it simply says that certain financial arrangements in place today will extend out past ten days from now. So it’s not an indefinite extension, it’s a bureaucratic detail.

But this language does worry me:

The Iraqi government continues to take steps to resolve debts and settle claims arising from the actions of the previous regime. Before the end of the year, my Administration will review the Iraqi government’s progress on resolving these outstanding debts and claims, as well as other relevant circumstances, in order to determine whether the prohibitions contained in Executive Order 13303 of May 22, 2003, as amended by Executive Order 13364 of November 29, 2004, on any attachment, judgment, decree, lien, execution, garnishment, or other judicial process with respect to the Development Fund for Iraq, the accounts, assets, and property held by the Central Bank of Iraq, and Iraqi petroleum-related products, should continue in effect beyond December 31, 2010, which are in addition to the sovereign immunity ordinarily provided to Iraq as a sovereign nation under otherwise applicable law. [my emphasis]

That is, it’s not just a bureaucratic extension of financial protections for Iraq past the next ten days. It’s a formal notice that Iraq will have its financial training wheels on until December, maybe, or maybe longer. It seems like it’s for the interest of Iraq, but I worry that it’s for the interest of ongoing US control over Iraq’s finances.

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John Rizzo: DOD Engaged in Cyberwarfare with Limited Oversight

I’ve done two posts on John Rizzo’s recent address to ABA’s Standing Committee on Law and National Security. But I wanted to call attention to a few more things he said in his talk.

Slightly more than halfway through his talk, he talks about how DOD gets to conduct what seem to him to be covert actions in the field of cyberwarfare without the Congressional oversight that CIA would have. (Note, this is my transcription and he’s a big mumbler, so I’m not sure of the accuracy of this transcription.)

I did want to mention–cause I find this interesting–cyberwarfare, on the issue of cyberwarfare. Again, increasing discussion there clearly is an active arena, will continue to be active. For us lawyers, certainly for the lawyers in the intelligence community, I’ve always found fascinating and personally I think it’s a key to understanding many of the legal and political complexities of so-called cyberlaw and cyberwarfare is the division between Title 10, Title 10 operations and Title 50 operations. Title 10 operations of course being undertaken by the Pentagon pursuant to its war-making authority, Title 50 operations being covert action operations conducted by CIA.

Why is that important and fascinating? Because, as many of you know being practitioners, how these cyber-operations are described will dictate how they are reviewed and approved in the executive branch, and how they will be reported to Congress, and how Congress will oversee these activities. When I say, “these activities,” I’m talking about offensive operations–computer network attacks.

This issue, this discussion, has been going on inside the executive branch for many years, actually. I mean I remember serious discussions during the Clinton Administration. So, again, this is not a post-9/11 phenomenon. Now, I’m speaking her from a CIA perspective, but I’ve always been envious of my colleagues at the Department of Defense because under the rubrik of Title 10, this rubrik of “preparing the battlefield.” They have always been able to operate with a–to my mind [?] a much greater degree of discretion and autonomy than we lawyers at CIA have been, have had to operate under, because of the various restrictions and requirements of Title 50 operations. Covert actions require Presidential Findings, fairly explicit reports to the Intelligence Oversight Committees. We have a very, our Intelligence Committees are … rigorous, rigorous and thorough in their review. I’ve never gotten the impression that the Pentagon, the military, DOD is subject to the same degree of scrutiny for their information warfare operations as CIA. I’m actually very envious of the flexibility they’ve had, but it’s critical–I mean I guess I could say interesting but critical how–I mean if there were operations that CIA was doing, they would be called covert actions, there’s no getting around that. To the extent I’ve ever understood what DOD does in this arena, they certainly sound like covert actions to me but given that I’ve had more than my hands full over the years trying to keep track of what CIA’s doing at any given time, I’ve never ventured deeply into that area. But I think it’s fascinating.

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“It’d be easier to launch a Hellfire missile at a non-citizen than a citizen”

The whole point of Joe Lieberman’s tea-bagger bait Terrorist Expatriation Act, according to his Republican House co-sponsor Charlie Dent, is to make it easier to launch Hellfire missiles at people. And Lieberman, too, ties his citizenship-stripping measure to Obama’s targeting of an American citizen with a predator drone.

Taking on critics who say his proposal goes too far, Lieberman pointed to news reports that President Barack Obama signed an order enabling the US military to kill US citizens like radical US-Yemeni cleric Anwar al-Awlaki.

“If the president can authorize the killing of a United States citizen because he is fighting for a foreign terrorist organization,” he said, “we can also have a law that allows the US government to revoke Awlaki’s citizenship.”

Lieberman said his proposal would make it harder for US nationals who cast their lot in with extremists, and train overseas, to return and carry out an attack, and if they do would make it possible to try them in military court.

“They will not enjoy the rights and privileges of American citizenship in the legal proceedings against them. That, I believe, will make America safer,” he said at a press conference with three other lawmakers.

“The US military may have more options to use necessary force to neutralize the threat, such as Anwar al-Awlaki, without the concerns associated with targeting an American citizen,” said Republican Representative Charlie Dent.

“I suspect it’d be easier to launch a Hellfire missile at a non-citizen than a citizen,” said Dent, referring to a weapon sometimes fired from US aerial drones at suspected terrorists.

Now, there’s a lot to loathe about this bill. Shane Kadidal describes the many ways in which it is illegal here.

But what I find most astounding about it is that Lieberman ties this not to actual military preparations against the United States (as he claims in his comments to Andrea Mitchell) but simply to “providing material support or resources to a foreign terrorist organization.” And while I’d be willing to consider the merits of deporting Congressman Peter King or former top Chiquita executives like Carl Lindner and Roderick Hills (though following the logic of Elena Kagan, we’d also have to deport Attorney General Holder), I’m also cognizant that the way the government currently uses material support charges, it is prone to ensnare people who donate socks or money, sometimes in the name of charity.

The logical endpoint of this, then, in the addled little brains of Joe Lieberman and Charlie Dent, is that we should consider drone strikes on brown people who might have a good faith belief that they’re engaging in charity. And not just that we should consider drone strikes, but we should try to make it easier to execute those drone strikes.

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“Pattern of Life” Drone Strikes

The LAT reports that targeting for most of the drone strikes that have killed more than 500 people in Afghanistan and Pakistan has been based not on information about an individual’s ties to terrorism, but rather on “pattern of life” analysis that targets the actions of a person.

The CIA received secret permission to attack a wider range of targets, including suspected militants whose names are not known, as part of a dramatic expansion of its campaign of drone strikes in Pakistan’s border region, according to current and former counter-terrorism officials.

The expanded authority, approved two years ago by the Bush administration and continued by President Obama, permits the agency to rely on what officials describe as “pattern of life” analysis, using evidence collected by surveillance cameras on the unmanned aircraft and from other sources about individuals and locations.

Think about that: we’re potentially killing people based not on what we know about an individual, but what we have observed solely through the camera of a drone. Or, if we’ve got particularized information from someone on the grounds, it’s as likely to be someone from Blackwater or an even more disreputable contractor posing as PsyOp warriors. And this includes strikes in Pakistan, a country with which we are not at war, supposedly. And among those targeted in such a manner may be associates of Faisal Shahzad.

Remember that old Bush ditty, that we were fighting them over here so we didn’t have to fight them here? Apparently that has now been turned on its head: we are targeting them from here which may make it more likely we’ll be fighting them here.

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The Wikileaks Medic’s Soldier’s Apology

Two of the guys in the Company depicted in the Wikileaks video–including the medic guy who pulled the girl from the van–recently wrote a letter apologizing for their role in the events depicted in the video. Here’s how it starts:

Peace be with you.

To all of those who were injured or lost loved ones during the July 2007 Baghdad shootings depicted in the “Collateral Murder” Wikileaks video:

We write to you, your family, and your community with awareness that our words and actions can never restore your losses.

We are both soldiers who occupied your neighborhood for 14 months. Ethan McCord pulled your daughter and son from the van, and when doing so, saw the faces of his own children back home. Josh Stieber was in the same company but was not there that day, though he contributed to the your pain, and the pain of your community on many other occasions.

There is no bringing back all that was lost. What we seek is to learn from our mistakes and do everything we can to tell others of our experiences and how the people of the United States need to realize we have done and are doing to you and the people of your country. We humbly ask you what we can do to begin to repair the damage we caused.

Danger Room also has a long interview with the medic guy who pulled the girl, Ethan McCord, who first saw the video again after dropping his own kids off to school.

DR: The first thing you saw was the little girl in the van. She had a stomach wound?

EM: She had a stomach wound and she had glass in her eyes and in her hair. She was crying. In fact, that’s one of the reasons I went to the van immediately, because I could hear her crying. It wasn’t like a cry of pain really. It was more of a child who was frightened out of her mind. And the next thing I saw was the boy. … He was kind of sitting on the floorboard of the van, but with his head laying on the bench seat in the front. And then the father, who I’m assuming was the father, in the driver’s seat slumped over on his side. Just from looking into the van, and the amount of blood that was on the boy and the father, I immediately figured they were dead.

So the first thing I did was grab the girl. I grabbed the medic and we went into the back. There’s houses behind where the van was. We took her in there and we’re checking to see if there were any other wounds. You can hear the medic saying on the video, “There’s nothing I can do here, she needs to be evac’d.” He runs the girl to the Bradley. I went back outside to the van, and that’s when the boy took, like, a labored, breath … That’s when I started screaming, “The boy’s alive! The boy’s alive!” And I picked him up and started running with him over to the Bradley.  He opened his eyes when I was carrying him. I just kept telling him, “Don’t die; don’t die.” He looked at me, then his eyes rolled back into this head.

Then I got yelled at by my platoon leader that I needed to stop trying to save these mf’n kids and go pull security. … I was told to go pull security on a rooftop. When we were on that roof, we were still taking fire. There were some people taking pot shots, sniper shots, at us on the rooftop. We were probably there on the roof for another four to five hours.

Both the letter and the interview are worth reading in full.

Update: Sorry for the error in suggesting McCord was a medic. Some of the early commentary on it–and someone someone said to me subsequently–had made me believe he was.

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Is DOD “Losing” Videos of Its Special Ops Missions?

I want to look at two data points about the Wikileaks video.

First, note what General Barry McCaffrey has to say about the mission depicted in the Wikileaks video (around 1:25):

Well, it’s not clear to me it was a mistake, Contessa, I mean if there were armed people on the ground, the fact that they appeared relaxed is good. It means you caught them by surprise. That apparently was a Special Operations mission. Everything about their raids is classified. [my emphasis]

McCaffrey’s a pretty (ahem) straight shooter. And he seems to suggest here that there was nothing out of the ordinary about this mission–for a Special Ops mission.

Which is why I find it so interesting that DOD now says it can’t find its own copy of the video.

The U.S. military said Tuesday it can’t find its copy of a video that shows two employees of the Reuters news agency being killed by Army helicopters in 2007, after a leaked version circulated the Internet and renewed questions about the attack.

Capt. Jack Henzlik, a spokesman for U.S. Central Command, said that forces in Iraq have not been able to locate the video within its files.

We’re attempting to retrieve the video at this time,” Henzlik said.

Now, when I first read this, I grumbled, “ah jeebus, I’m going to have to start another catalog of missing evidence again.” But I’m not sure that’s what this says. Henzlik seems to suggest that CentCom did have a video in its files, but “forces in Iraq” can’t find it anymore.

But if this is a JSOC mission, would you be looking in USSOCOM, and not CentCom?

And is this so sensitive because this is precisely how Special Ops are supposed to behave?

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