A little more than two weeks into the presidency of Donald J. Trump, it is clear that his administration is shaping up to be one of the most hostile to international norms in recent memory. While George W. Bush once dismissed a reporter’s question about whether his Iraq policies conformed with international law by joking, “International law? I better call my lawyer,” Trump’s attitude toward rule of law principles was summed up by a tweet today disparaging a “so-called judge” who put a nationwide hold on the implementation of his travel ban on nationals of seven majority-Muslim countries.
“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” Trump tweeted.
The travel ban has sparked a national and international outcry, with demonstrations taking place at airports across the country and numerous world leaders weighing in on Trump’s controversial executive order to halt entries into the United States by citizens of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen.
“Discrimination on nationality alone is forbidden under human rights law,” said UN High Commissioner for Human Rights Zeid Raad Al Hussein. “The U.S. ban is also mean-spirited, and wastes resources needed for proper counter-terrorism.”
German Chancellor Angela Merkel expressed regret over the U.S. government’s entry ban and explained the U.S.’s international obligations under the 1951 Refugee Convention in a phone call with Trump, Merkel’s spokesman Steffen Seibert said in a statement.
“The Refugee Convention requires the international community to take in war refugees on humanitarian grounds. All signatory states are obligated to do. The German government explained this policy in their call yesterday,” Seibert said.
The OSCE Parliamentary Assembly’s human rights and humanitarian committee chair Ignacio Sanchez Amor expressed concerns that the ban on refugees represents a major step backward in the international community’s efforts to develop a cohesive response to the refugee and migrant crisis, and noted that on humanitarian grounds the United States cannot send refugees back to countries where they face serious threats to their life or freedom.
“This is the core principle of non-refoulement that is at the heart of the 1951 Refugee Convention, and is now a widely accepted norm,” he said.
Sanchez Amor also pointed out that the travel ban is contrary to the spirit of the OSCE’s founding document, which the United States signed along with 34 other countries of North America, Europe and Eurasia in 1975.
“To the extent that this travel ban may affect those with dual nationalities or residents of OSCE countries, I note that it may contravene the 1975 Helsinki Final Act’s stipulation that signatories should ease regulations concerning movement of citizens within the OSCE area,” he said.
In this document, the United States agreed:
to facilitate wider travel by their citizens for personal or professional reasons and to this end they intend in particular:
– gradually to simplify and to administer flexibly the procedures for exit and entry;
– to ease regulations concerning movement of citizens from the other participating States in their territory, with due regard to security requirements.
In addition to whipping up a frenzy of international condemnation over the travel ban, the Trump administration is also drawing fire for his nominations to lead the nation’s intelligence services. Yet, despite serious concerns about Trump’s pick to lead the CIA, Mike Pompeo, for his pro-torture statements and lax attitude about the use of mass surveillance, the U.S. Senate confirmed him on Jan. 23 by a vote of 66-32.
“Pompeo’s responses to questions about torture and mass surveillance are dangerously ambiguous about whether he would endorse abusive practices and seek to subvert existing legal protections,” said Human Rights Watch’s Maria McFarland Sanchez-Moreno. “Pompeo’s failure to unequivocally disavow torture and mass surveillance, coupled with his record of advocacy for surveillance of Americans and past endorsement of the shuttered CIA torture program, make clear that he should not be running the CIA.”
Democratic Oregon Sen. Ron Wyden said Pompeo was the “wrong man for the job.”
“He has endorsed extreme policies that would fundamentally erode liberties and freedoms of our people without making us safer,” Wyden said. He said Pompeo’s answers to questions from some senators have been “vague” and “contradictory,” making it impossible to know what Pompeo believes.
Nevertheless, his nomination sailed through the Senate, likely paving the way for a return to torture as U.S. policy, as President Trump has promised to do on numerous occasions. The president recently even defended torture on national television, stating unequivocally that it “works.”
Shortly following Pompeo’s confirmation, his deputy director at the CIA was named as Gina Haspel, who, according to the New York Times “played a direct role in the CIA’s ‘extraordinary rendition program,’ under which captured militants were handed to foreign governments and held at secret facilities, where they were tortured by agency personnel.”
She also ran the CIA’s first black site prison in Thailand and oversaw the brutal interrogations of two detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri.
In addition, she played a vital role in the destruction of interrogation videotapes that showed the torture of detainees both at the black site she ran and other secret agency locations. As The Intercept’s Glenn Greenwald explains:
The concealment of those interrogation tapes, which violated both multiple court orders as well the demands of the 9/11 Commission and the advice of White House lawyers, was condemned as “obstruction” by Commission Chairs Lee Hamilton and Thomas Keane. A special prosecutor and Grand Jury investigated those actions but ultimately chose not to prosecute.
As if these developments were not bad enough, it also looks as if Trump is going to continue the reckless drone assassination program that was developed by his predecessor, Barack Obama. In one of his first military actions as president, Trump ordered an attack on a village in Yemen on Jan. 29 that killed as many as 23 civilians, including a newborn baby and an eight-year-old girl, Nawar al-Awlaki.
Nawar was the daughter of the al-Qaida propagandist and American citizen Anwar al-Awlaki, who was killed in a September 2011 US drone strike in Yemen. Awlaki’s 16-year-old son Abdulrahman was killed in a second drone strike soon afterwards.
Following the tragic killing of this young girl, The Guardian pointed out that Trump has previously endorsed killing relatives of terrorist suspects, which is a war crime. “The other thing with the terrorists is you have to take out their families, when you get these terrorists, you have to take out their families,” he told Fox News in December 2015.
The human rights organization Reprieve pointed out:
Secret US strikes, in countries where the US is not at war, are widely considered to violate international law. Previous research by Reprieve has found that, in attempts to kill 41 named individuals in Yemen and Pakistan, US strikes killed some 1,147 unknown men, women and children.
It looks as though this is one policy area that we should expect some continuity between Obama and Trump. It also looks as if Trump will be moving rapidly to reinstate the torture regime that was halted by Obama in 2009. It should be noted, however, that the use of torture – although illegal – was never prosecuted by the Obama administration, and this lack of law enforcement ensured that it would remain a “policy option” for a fascist president like Donald Trump to pull off the shelf.
President Barack Obama’s human rights record is under criticism once again as he prepares to step down after eight years leading the United States government. His record has been a major disappointment to many in the human rights community, who now genuinely worry how much worse U.S. policies will become under President Donald J. Trump.
As this blog has documented since 2011, the U.S. government’s human rights record has been dismal under Obama, with troubling policies including his lack of prosecutions of torturers – effectively institutionalizing a system of legal impunity for war crimes – his utter failure to follow through on closing the travesty of justice known as Guantanamo Bay, waging a “war on whistleblowers” and suppressing freedom of information, codifying illegal policies of extrajudicial assassinations, expanding mass surveillance programs in violation of individual privacy, and failing to take effective action to ensure accountability for a nationwide epidemic of police brutality.
In terms of promoting fundamental freedoms abroad, his administration has “treated human rights as a secondary interest – nice to support when the cost was not too high, but nothing like a top priority,” according to Human Rights Watch’s Kenneth Roth.
In a recent article for Foreign Policy, Roth writes:
Obama took office with great promise, announcing on his second day that he would stop CIA torture immediately and close the military prison at Guantánamo Bay, Cuba, within a year. By all accounts, the torture did stop. But Obama has steadfastly refused to prosecute those responsible or even to allow the release of much more than the summary of a comprehensive Senate Intelligence Committee report that documented it. As a result, rather than reaffirming the criminality of torture, Obama leaves office sending the lingering message that, should future policymakers resort to it, prosecution is unlikely. Given Trump’s campaign rhetoric about reinstating waterboarding (“or worse”), this is hardly an academic point, even considering the opposition of his nominee for defense secretary.
With respect to surveillance, Roth notes that “Obama seems to have continued and expanded programs begun by George W. Bush that lead to massive invasions of privacy.” When whistleblower Edward Snowden alerted the public to these programs, Obama supported legislation to limit the National Security Agency’s ability to collect phone records in bulk under one program, but “most of the mass privacy violations that Snowden disclosed remain unaddressed,” Roth notes.
When it comes to closing Guantanamo, Roth says the president’s efforts have been halfhearted:
Early in his tenure, he moved slowly, enabling Congress to adopt legislation — which he refused to veto — imposing various obstacles to transferring detainees overseas and barring their transfer to the United States even for trial. Facing political resistance, he reversed early plans to try the accused 9/11 plotters in a federal district court in New York, where their trials would long ago have been completed. Instead, the suspects were placed before Guantánamo’s military commissions — made-from-scratch tribunals replete with procedural problems. Seemingly designed to avoid public revelation of the details of the suspects’ torture, the commissions have made virtually no progress toward actual trials, which will not begin until long after Obama leaves office, if ever.
Roth notes that Obama has slowly reduced the number of prisoners held at Guantanamo by transferring many abroad, but “his insistence on holding some two dozen detainees indefinitely without charge makes it easier for Trump to repopulate Guantánamo, as he has threatened.”
When it comes to Guantanamo, Amnesty International is imploring Obama to do whatever he can in his last days in office to close the legal abomination before Trump – who has threatened to repopulate the prison and reinstate a torture regime – takes over as president on January 20. In an open letter to Obama, Amnesty International USA Executive Director Margaret Huang begs the president, “Don’t Leave Guantánamo to Trump.”
“Dear President Obama,” she writes:
On behalf of Amnesty International’s 1.2 million supporters in the United States, I write to make a final plea that you use all the powers of your office to close the detention camp at Guantánamo Bay. We are gravely concerned that if you fail to do so, President-elect Trump may attempt to bring dozens or even hundreds of people there, to be held in unlawful detention for decades and possibly subjected to torture and other forms of cruel treatment.
Despite your positive actions to date, your legacy will include failing to cure this corruption of our country’s ideals of justice and fairness. You will leave behind Guantánamo as a system of injustice that—having survived for 15 years, two political parties and four presidential terms of office—may remain open for the foreseeable future.
Our concern is heightened by the sharp rise in anti-Muslim and anti-immigrant rhetoric during the election. Proposals for large-scale detention without charge, which once seemed inconceivable, are now on the table as options your successor may pursue. Guantánamo, with its shameful tradition of secrecy and insularity from legal process, would be all too convenient a location for mass imprisonment without charge, returning the United States to one of its grimmest chapters.
“It is past time to shut down the detention facility at Guantánamo,” you said recently at MacDill Air Base, and not for the first time. You emphasized that Congress would be “judged harshly by history” due to restrictions it placed on your ability to transfer detainees. However, despite your concerted efforts, it is your presidency that will be judged harshly — by history, the international community and human rights supporters across the United States and the rest of the world — if you fail to take all possible measures to transfer those remaining out of Guantánamo.
Your actions now will impact this country’s decisions on detention without charge, torture and human rights for decades to come by informing the way young people understand the injustice of Guantánamo. People under the age of 25 have spent all or much of their lives with Guantánamo open. Most are too young to remember the photos of torture at Abu Ghraib, or of men at Camp X-Ray kneeling next to their cages. They do not know the collective shock and moral outrage that millions of Americans felt then, which led political figures from Colin Powell to John McCain to call for the closure of Guantánamo. Through your actions now, you can ensure new generations learn this history—and do not repeat it.
We also urge your administration, in closing Guantánamo, to abandon the military commissions. These ill-conceived tribunals simultaneously fail to respect human rights principles or achieve justice. To be sure, anyone responsible for the crimes against humanity committed on September 11, 2001 should be brought to justice in fair trials. Guantánamo and the military commissions have not—and cannot—provide that justice. The 15th anniversary of the 9/11 attacks recently passed, and those who lost loved ones in the attacks have a right to see justice in their lifetime. However, not only do the military commission trials seem unlikely to begin—much less conclude—for years to come, when they do take place they will fail to meet international fair trial standards.
You began your presidency with an executive order to end the Guantánamo detentions and to close the detention camp there. We urge you to end it with bold action to realize your promise.
The human rights group urges supporters to send messages to Obama urging him to close this travesty of justice once and for all, and to prioritize other human rights matters in the waning days of his presidency.
It is not clear, however, how much stock Obama places in the concerns of the human rights community. He spoke rather dismissively of “activist organizations” in a recent interview with The Atlantic, in which he defended his drone assassination program, which has killed hundreds of innocent people including U.S. citizens.
“I think right now we probably have the balance about right,” he told The Atlantic, referring to the ratio of killed terrorists and innocent civilians. “Now, you wouldn’t know that if you talked to Human Rights Watch or Amnesty International or some of the international activist organizations.”
He further asserted that “the internal reforms we put in place had less to do with what the left or Human Rights Watch or Amnesty International or other organizations were saying and had more to do with me looking at sort of the way in which the number of drone strikes was going up and the routineness with which, early in my presidency, you were seeing both DOD and CIA and our intelligence teams think about this.”
It troubled him, he said, because the drone strikes could enable “a president who can carry on perpetual wars all over the world, and a lot of them covert, without any accountability or democratic debate.” Of course, this is exactly what Obama has done, as has been repeatedly pointed out.
As Naureen Shah of Amnesty International told The Intercept last year, “What’s so interesting is that President Obama acknowledges this problem – that future presidents will be empowered to kill globally, and in secret. What he doesn’t acknowledge is how much of a role his administration had in making that a bizarre normal.”
Another legacy that Obama is leaving behind is torture impunity, which he has instituted by failing to launch prosecutions of gross human rights violations during the Bush administration. By shielding torturers from criminal justice, Obama has done more than any other president in history in establishing torture as little more than a “policy option” for presidents to utilize or not depending on the political whims of the day.
To prevent torture from being reinstituted by the incoming Trump administration, the National Religious Campaign Against Torture is calling on Obama to release in full the Senate’s torture report and force “appropriate officials” to read it in order to ensure that they “learn from the past.” Although White House Counsel Neil Eggleston recently announced that Obama will archive one copy of the torture report, it will remain classified for at least 12 years. “At this time, we are not pursuing declassification of the full Study,” he wrote recently in a letter to Sen. Feinstein.
In an action alert, the online advocacy group Roots Action is urging supporters to sign a petition to President Obama urging him to release the full report.
Obama is also being urged by a range of organizations to free the U.S. government’s political prisoners, including Chelsea Manning, Jeffrey Sterling and Leonard Peltier. For more on those cases, click here.
If the Nuremberg laws were applied, then every post-war American president would have been hanged. – Noam Chomsky, 1990
In recent days, numerous commentators have criticized irresponsible discourse within the GOP presidential field over whether to reinstate torture and implement other war crimes – such as carpet bombing – as official U.S. policy. The 2008 Republican presidential nominee, Arizona Senator John McCain, even felt compelled to weigh in this week by calling out the “loose talk” in the Republican race.
McCain took the Senate floor Tuesday to condemn remarks by his Republican colleagues regarding the use of torture, stating that “these statements must not go unanswered because they mislead the American people about the realities of interrogation, how to gather intelligence, what it takes to defend our security and at the most fundamental level, what we are fighting for as a nation and what kind of nation we are.”
Indeed, with presidential frontrunner Donald Trump calling his chief rival Ted Cruz a “pussy” for hinting that he might show some degree of restraint in the use of torture, it’s clear that on the Republican side, the discussion has gone off the rails. This has led respected human rights groups to remind the U.S. of its moral and legal obligations not to engage in sadistic and cruel practices such as waterboarding.
“Waterboarding meets the legal definition of torture, and is therefore illegal,” recalled Human Rights First’s Raha Walla. “Torture under U.S. and international law means acts that cause severe mental or physical pain or suffering. There’s no question that waterboarding meets that definition.”
Amnesty International’s Naureen Shah also issued a rebuttal to the debate over waterboarding, which she described as “slow-motion suffocation.” She pointed out the obvious that “the atrocities of the armed group calling itself Islamic State and other armed groups don’t make waterboarding okay.” This was in response to statements by Trump and others that since Islamic State terrorists chop off people’s heads, the U.S. is right to respond with its own forms of brutality.
(“Do we win by being more like [the Islamic State]?” George Stephanopoulos asked Trump last Sunday. “Yes,” Trump responded. “I’m sorry. You have to do it that way.”)
Writing in The Guardian Wednesday, human rights lawyer Clive Stafford Smith observed:
There was once a consensus that torture was immoral; even today, any sensible person knows torture is of little use if you want accurate information. Yet the current crop of Republican presidential candidates have been trying to outbid one another with promises of barbarism: Senator Ted Cruz confirmed that he favours simulated drowning, which he classifies as an “enhanced interrogation technique” (EIT) that falls short of torture. (The Spanish Inquisition was rather more honest, and called it tortura del agua.) “The Donald” immediately trumped his rival: he would “bring back a hell of a lot worse than waterboarding”.
In a similar vein, The Intercept’s Murtaza Hussain and Dan Froomkin noted on Tuesday that the GOP is apparently competing over which candidate would commit the worst war crimes, including but not limited to torture and encompassing other atrocities such as carpet bombing. As the journalists pointed out:
In recent months, one candidate or another has promised to waterboard, do a “helluva lot worse than waterboarding,” repopulate Guantánamo, engage in wars of aggression, kill families of suspected terrorists, and “carpet bomb” Middle Eastern countries until we find out if “sand can glow in the dark.”
The over-the-top bombast plays well in front of self-selected Republican audiences — the crowd responded to the description of Cruz Monday night with full-throated chants of “Trump! Trump! Trump!” But such promises of future criminality from potential presidential nominees have outraged many legal experts.
While it is clearly troubling that the leading contenders for the Republican nomination are so eagerly trying to outdo each other on who would be the worst war criminal, what is perhaps equally troubling is that candidates on the Democratic side also seem committed to policies that could in fact qualify as war crimes.
It should be recalled that while the Republicans are speaking about hypothetical war crimes that they would like to commit if elected, there is a leading Democratic candidate who is already guilty of war crimes committed under her watch.
As Secretary of State from 2009 to 2013, Hillary Rodham Clinton was a major proponent of armed intervention and regime change in Libya, which – despite occasional claims to the contrary – was in no way authorized by the UN Security Council, making it a breach of the UN Charter.
When the Libyan civil war began in mid-February 2011, Clinton stated unequivocally that Libyan leader Muammar Gaddafi “must go now, without further violence or delay.”
Despite Arab countries’ reservations about regime change, Clinton helped convince Qatar, the United Arab Emirates, and Jordan that a simple no-fly zone would be insufficient and argued that aerial bombing would also be necessary. Clinton then persuaded Russian Foreign Minister Sergey Lavrov that his country should abstain on the UN resolution authorizing force against Gaddafi, and she was instrumental in getting the rest of the Security Council members to approve Resolution 1973, which established a “no-fly zone.”
With this resolution secured, the U.S. promptly decided to overstep its authority, “interpreting” the authorization as carte blanche to implement a policy of regime change.
The Arab League, which had tentatively lent support to Resolution 1973, promptly objected to the bombing campaign. “What is happening in Libya differs from the aim of imposing a no-fly zone, and what we want is the protection of civilians and not the bombardment of more civilians,” said Arab League Secretary General Amr Moussa on March 20, 2011.
Despite the narrow limitations placed on the U.S. and NATO forces by the Security Council to enforce a no-fly zone in order to protect civilians, the Western powers soon made it clear that their objective was not simply to protect civilians, but to aid the rebels in the their efforts to overthrow Muammar Gaddafi.
This initial breach of international law was then compounded by subsequent war crimes, as documented by Amnesty International in the war’s aftermath.
“Scores of Libyan civilians who were not involved in the fighting were killed and many more injured, most in their homes, as a result of NATO airstrikes” in the bombing campaign to depose Gaddafi, Amnesty noted. “Regrettably,” continued Amnesty, “NATO has yet to address these incidents appropriately, including by establishing contact and providing information to the victims and their relatives about any investigation which might have been initiated.”
The war also led to an exacerbation of the security crisis in the Middle East and North Africa, fueling the civil war in nearby Syria and facilitating the rise of the Islamic State, as well as directly contributing to the refugee and migrant crisis that began to destabilize Europe.
Besides that disastrous foreign policy blunder, Clinton was also a primary supporter of the 21st century’s first major war of aggression, the 2003 unprovoked U.S. invasion of Iraq.
For years, Clinton was a vocal supporter of this war despite its numerous documented atrocities, defending her 2002 vote as senator to authorize the invasion as necessary to counter Saddam Hussein’s alleged (but ultimately nonexistent) weapons of mass destruction program. It wasn’t until last year – 13 years after the U.S. invasion – that she finally acknowledged that her support for that war had been a “mistake.”
The other Democratic presidential contender, Vermont Senator Bernie Sanders, has been much more consistent in his opposition to both the Iraq war and the Libya intervention, but unfortunately has embraced other policies with questionable status under international law. He has said, for example, that as president, he would be willing to use drone strikes as liberally as President Obama has, despite serious questions about this policy’s legality.
In an interview with NBC’s Meet the Press last October, host Chuck Todd asked Sanders if drones or special forces would play a role in his counter-terror plans.
“All of that and more,” Sanders said. “Look, a drone is a weapon. When it works badly, it is terrible and it is counterproductive. When you blow up a facility or a building which kills women and children, you know what? … It’s terrible.”
Collateral damage by drones is not only terrible, but the very use of drones has been shown to lower the threshold for use of force, as demonstrated by a recent study by two U.S. academics.
In ‘The Ethics of Drone Strikes: Does Reducing the Cost of Conflict Encourage War?’ James Walsh and Marcus Schulzke report on how public attitudes towards the use of armed force change when unmanned drones are used in comparison to the deployment of other types of force. Analysis of the results show, write Walsh and Schulzke, “that participants are more willing to support the use of force when it involves drone strikes.”
This in turn makes U.S. military intervention more likely, as it does the inevitable collateral damage and war crimes that go along with it.
Besides drone strikes, it also appears that Sanders is committed to a Middle East policy that would empower one of the world’s worst human rights abusers to take a leading role in the region.
Saudi Arabia, despite its record as an egregious violator of human rights both at home and in neighboring countries such as Bahrain and Yemen, has long relied on the United States as its leading arms supplier.
As explained in a Congressional Research Service background paper published earlier this month:
Obama Administration officials have referred to the Saudi government as an important regional partner, and U.S. arms sales and related security cooperation programs have continued with congressional oversight. Since October 2010, Congress has been notified of proposed sales to Saudi Arabia of fighter aircraft, helicopters, naval vessels, missile defense systems, missiles, bombs, armored vehicles, and related equipment and services, with a potential value of more than $100 billion.
Since March 2015, the U.S.-trained Saudi military has used U.S.-origin weaponry, U.S. logistical assistance, and shared intelligence to carry out strikes in Yemen. Some Members of Congress have expressed skepticism about Saudi leaders’ commitment to combating extremism and the extent to which they share U.S. policy priorities. Nevertheless, U.S.-Saudi counterterrorism ties reportedly remain close, and Saudi forces have participated in some coalition strikes on Islamic State targets in Syria since 2014.
Thousands of civilians have been killed by coalition airstrikes since March of last year, according to the UN, and Human Rights Watch field investigations have uncovered evidence that many airstrikes were unlawfully indiscriminate, hitting residential homes, markets, healthcare facilities, and schools where there was no military target.
To make matters worse, Saudi Arabia has been dropping cluster bombs on residential neighborhoods, which HRW describes as “serious violations of the laws of war” due to “the inherently indiscriminate nature of cluster munitions.”
“The deliberate or reckless use of cluster munitions in populated areas amounts to a war crime,” HRW said in a statement last month.
Despite these violations, Sanders has urged Saudi Arabia to become more involved in the fight against ISIS, specifically stating that the brutal dictators of Riyadh should “get their hands dirty” – prompting peace activist David Swanson to ask, “Who has dirtier hands than Saudi Arabia?”
While Sanders is still probably the least likely of the U.S. presidential contenders to embrace war crimes should he win the election this November – and certainly deserves points for calling out Hillary Clinton’s friendly relationship with Henry Kissinger, one of the most notorious American war criminals of the 20th century – he should keep in mind that even enabling atrocities of a third party such as Saudi Arabia can make a president culpable for these crimes.
According to the International Law Commission (ILC), the official UN body that codifies customary international law,
A State which aids or assists another State in the commission of an internationally wrongful act by the latter is internationally responsible for doing so if: (a) that State does so with knowledge of the circumstances of the internationally wrongful act; and (b) the act would be internationally wrongful if committed by that State” (Article 16 of the International Law Commission, “Articles on Responsibility of States for Internationally Wrongful Acts,” (2001) which were commended by the General Assembly, A/RES/56/83).
Further, the U.S. Foreign Assistance Act stipulates that “no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights” and the Arms Export Control Act authorizes the supply of U.S. military equipment and training only for lawful purposes of internal security, “legitimate self-defense,” or participation in UN peacekeeping operations or other operations consistent with the UN Charter.
If Sanders wants to truly distinguish himself from Clinton – not to mention the blood-thirsty would-be war criminals on the Republican side – he should make clear that he would not only refrain from torture and wars of aggression, but also the enabling of war crimes by dubious allies such as Saudi Arabia, or for that matter Israel.
To add your name to a petition calling on the United States and other governments of the world to stop providing Saudi Arabia with weaponry until the Saudi government ends its military aggression and abuse of human rights, click here.
President Barack Obama issued one of his most hypocritical statements in weeks when he scolded Russian President Vladimir Putin on Monday for his alleged support of separatist rebels operating in eastern Ukraine.
“He’s got to make a decision,” Obama said of Putin. “Does he continue to wreck his country’s economy and continue Russia’s isolation in pursuit of a wrong-headed desire to re-create the glories of the Soviet empire? Or does he recognize that Russia’s greatness does not depend on violating the territorial integrity and sovereignty of other countries?”
Hearing the president of the United States lecture others about the importance of respecting countries’ sovereignty and territorial integrity was a bit like listening to a serial rapist lecturing other men about the importance of respecting women’s rights.
Of course, as Obama was uttering these duplicitous platitudes – the hypocrisy of which went completely unchallenged by the journalists in attendance at the press conference – the United States was continuing to violate the sovereignty of multiple countries, including Syria and Pakistan.
On the same day that Obama insisted on Russia’s respect for the sovereignty and territorial integrity of Ukraine, the U.S. launched nine air strikes in Syria, attacks that are unauthorized by the UN Security Council and against the stated wishes of the Syrian government, rendering them a blatant violation of international law.
Six of the air strikes were concentrated around Kobani near the Turkish border and three near the Islamic State stronghold of Raqqa, according to the U.S.-led Combined Joint Task Force. One of the air strikes apparently killed an entire family of seven, including five children, according to the Britain-based Syrian Observatory for Human Rights.
In Pakistan, the U.S. has been carrying out drone strikes for years, in complete disregard of the repeated protests of the Pakistani government complaining about the violations of that country’s sovereignty. As recently as last month, Pakistan’s Foreign Office condemned a U.S. drone strike that killed at least five people in North Waziristan, reiterating its stance that such attacks are a violation of the country’s sovereignty and territorial integrity.
“A drone strike on May 16, 2015 resulted in a number of casualties in the Mana area of North Waziristan agency,” said the Foreign Office in a statement.
“These (strikes) generate distrust among the local populace at a time when Operation Zarb-e-Azb is moving ahead decisively and the focus of the government is shifting towards rehabilitation of the civilian population. We reiterate our call for a cessation of such strikes,” the Foreign Office said.
But the U.S. can’t be bothered to acknowledge or apologize for its blatant violations of international law, or its routine, tragic killings of innocent people. It is now being sued in fact by the families of two Yemeni men killed in 2012, alleging they were innocent bystanders hit by missiles from a U.S. drone strike and calling for an acknowledgement of their unlawful deaths.
In a wrongful death lawsuit filed June 7, the families of Salem bin Ali Jaber and Waleed bin Ali Jaber said their deaths “violated the laws of war and norms of customary international law” and “provide a case study of the failures of the drone war.”
The strike on Aug. 29, 2012 “killed two innocent members of a prominent local family, Salem bin Ali Jaber and Waleed bin Ali Jaber,” according to the complaint. “By this complaint, the estates of Salem and Waleed seek to hold accountable those responsible for their wrongful deaths.”
The lawsuit does not seek any monetary relief, but rather a declaratory judgement and an apology. As the complaint points out,
Rarely but occasionally, the U.S. government addresses the reality that its drones kill innocents, and expresses official regret. Only weeks ago the President addressed the nation about two other innocents killed by a U.S. drone: an Italian citizen and an American, who were mistakenly hit in a drone strike in Pakistan while being held hostage by al Qaeda. In his televised statement, the President explained that “the [victims’] families deserve to know the truth,” and claimed that his apology showed the U.S. is willing “to confront squarely our imperfections and to learn from our mistakes.”
There is a simple question at the heart of this claim. The President has now admitted to killing innocent Americans and Italians with drones; why are the bereaved families of innocent Yemenis less entitled to the truth?
Even as the United States does occasionally concede that it sometimes kills innocent people, which is at least a tacit confirmation that its actions are not exactly in accordance with international law, it still can’t resist the temptation to point its bloody finger at others for doing the same thing.
Not only did President Obama just issue that hypocritical warning to Russia, but a number of “progressive” lawmakers have just published an op-ed in the journal Foreign Affairs expressing the urgent need to confront Russia and China over their alleged violations of international norms.
In “Principles for a Progressive Foreign Policy,” Democratic senators Chris Murphy, Brian Schatz, and Martin Heinrich warn that “traditional powers such as Russia and China are challenging international norms and pushing the boundaries of their influence.”
In response to these new challenges, as well as threats such as pandemic disease and global climate change, “the United States [must] think anew about the tools that it will use to lead the world, including reaching beyond the military budget to rediscover the power of non-kinetic statecraft.”
To their credit, these senators acknowledged that in order for the U.S. to have any credibility on the world stage, it “should practice what it preaches regarding civil and human rights, and defend its values internationally.”
“Actions abroad that are illegal under U.S. law and out of step with American values, such as torture, must be prohibited,” they continued. “Human rights and gender equality should not be viewed as secondary to security issues, but appropriately recognized as essential to long-term global stability.”
The senators are only partially right, and they left unsaid the most important thing – namely that violations must not only be “prohibited” but also prosecuted and punished. Torture of course is already “prohibited,” as is murder and violations of countries’ territorial integrity, so what the U.S. really needs to do is punish those who violate the law.
And please, stop hypocritically blaming others for doing the same thing.
The United States government is finding itself on the defensive this month, being taken to court over a host of policies that violate constitutional and international law.
First, on March 10, the American Civil Liberties Union, the Wikimedia Foundation, Human Rights Watch, Amnesty International USA and other groups filed a lawsuit against the U.S. National Security Agency challenging one of its mass surveillance programs that the plaintiffs say violates Americans’ privacy and makes individuals worldwide less likely to share sensitive information.
In particular, the lawsuit focuses on the NSA’s “upstream” surveillance, which involves the NSA’s tapping into the physical infrastructure of the internet, compromising Americans’ online communications with each other and with the rest of the world.
As explained by the ACLU:
In the course of its surveillance, the NSA copies and combs through vast amounts of Internet traffic, which it intercepts inside the United States with the help of major telecommunications companies. It searches that traffic for keywords called “selectors” that are associated with its targets. The surveillance involves the NSA’s warrantless review of the emails and Internet activities of millions of ordinary Americans.
“This kind of dragnet surveillance constitutes a massive invasion of privacy, and it undermines the freedoms of expression and inquiry as well,” said ACLU Staff Attorney Patrick Toomey. “Ordinary Americans shouldn’t have to worry that the government is looking over their shoulders when they use the Internet.”
The lawsuit argues that the NSA is infringing on the plaintiffs’ First Amendment rights and violating their privacy rights under the Fourth Amendment. The complaint also argues that the surveillance oversteps the authority granted by Congress under the FISA Amendments Act.
In explaining why her group joined the lawsuit, Human Rights Watch General Counsel Dinah Pokempner described the significant damage done by the NSA’s surveillance to the work of defending human rights around the world:
When Human Rights Watch can’t assure the privacy of the people with whom we work to expose and halt human rights abuses, we can’t protect their security either. Lives are in the balance, not to mention freedom of information, association, and speech.
Activists in Ethiopia, defense attorneys in France, and officials working in Indonesia won’t call or email us sensitive information about ongoing rights violations because they rightly fear surveillance. We have to get the facts face-to-face or not at all, and either way, that’s costly. People know the domestic government may well have an intelligence partnership with the US, and any leak of US-monitored communications may result in arbitrary arrest, prosecution, assault, or worse.
Last year, we documented the pall that surveillance has thrown over journalists and lawyers in the US, who now must go to extreme lengths to protect their confidential communications, or just forgo the reporting and defense strategies that keep our society informed, fair, and accountable.
HRW and the other groups in the lawsuit said that upstream surveillance “reduces the likelihood” that clients, journalists, foreign government officials, victims of human rights abuses and other individuals will share sensitive information with them.
Lila Tretikov, executive director of the Wikimedia Foundation, and Wikipedia founder Jimmy Wales wrote in the New York Times that they were concerned about where data on their users ends up after it is collected by the NSA. Noting close intelligence ties between the United States and Egypt, they said a user in Egypt would have reason to fear reprisal if she edited a page about the country’s political opposition.
The day after the lawsuit was filed challenging the NSA’s mass surveillance, the Associated Press sued the State Department to force the release of email correspondence and government documents from Hillary Clinton’s tenure as secretary of state. The legal action was a response to Clinton’s attempts to circumvent transparency laws by using a private email account while she headed the State Department and followed repeated requests filed under the U.S. Freedom of Information Act that have gone unfulfilled, according to the AP.
As the news agency explained in a March 11 article,
The FOIA requests and the suit seek materials related to her public and private calendars; correspondence involving aides likely to play important roles in her expected campaign for president; and Clinton-related emails about the Osama bin Laden raid and National Security Agency surveillance practices.
“After careful deliberation and exhausting our other options, The Associated Press is taking the necessary legal steps to gain access to these important documents, which will shed light on actions by the State Department and former Secretary Clinton, a presumptive 2016 presidential candidate, during some of the most significant issues of our time,” said Karen Kaiser, AP’s general counsel.
The suit filed by the AP came a day after Clinton broke her silence about her use of a private email account while she was America’s top diplomat. In defending her actions – which were widely seen as a crude attempt to avoid government transparency requirements – the likely 2016 Democratic presidential candidate claimed that her decision to forgo the official State Department email system was simply a matter of personal convenience.
“At the time, this didn’t seem like an issue,” Clinton said in a March 11 press conference. Clinton insisted she was not violating any rules or seeking to hide her communications.
“I fully complied by every rule I was governed by,” she claimed.
The senior-most executive branch official in charge of freedom-of-information matters for over a quarter-century flatly disagreed. Daniel Metcalfe, whose job it was to help four administrations interpret the Freedom of Information Act, offer advice, and testify before Congress on their behalf, called Clinton’s explanation laughable.
“What she did was contrary to both the letter and the spirit of the law,” said Metcalfe. “There is no doubt that the scheme she established was a blatant circumvention of the Freedom of Information Act, atop the Federal Records Act.”
Said AP Executive Editor Kathleen Carroll: “The Freedom of Information Act exists to give citizens a clear view of what government officials are doing on their behalf. When that view is denied, the next resort is the courts.”
Another challenge to the U.S. government playing out in the courts is a lawsuit filed this week against the lawless and secretive CIA drone assassination program being carried out by the Obama administration. The ACLU sued the White House in federal court on March 16 in an attempt to compel the release of classified information regarding the program of extrajudicial assassinations.
The lawsuit seeks in particular disclosure of the criteria for placing individuals on the administration’s “kill list.”
“The public should know who the government is killing and why it’s killing them,” said ACLU Deputy Legal Director Jameel Jaffer quite reasonably. “There’s no good reason why legal memos relating to the targeted-killing program should be secret in their entirety. Nor is there any legitimate justification for the government’s refusal to acknowledge individual strikes or to disclose civilian casualties or to disclose the procedures under which individuals are added to government ‘kill list.’”
An article by Matthew Spurlock, Legal Fellow at the ACLU National Security Project, explained why the ACLU decided to take the administration to court:
Our government’s deliberative and premeditated killings – and the many more civilian deaths from the strikes – raise profound legal and ethical questions that ought to be the subject of public debate. The Obama administration has made numerous promises of greater transparency and oversight on drones. In his 2013 State of the Union address, President Obama pledged to make lethal targeting “more transparent to the American people and the world” because “in our democracy, no one should just take my word for it that we’re doing things the right way.”
But the administration has failed to follow through on these commitments to openness, and it is continuing to withhold basic information. When it has released anything – or been compelled to by lawsuits – discussion of crucial aspects of the program have been omitted or redacted. This lack of transparency makes the public reliant on the government’s self-serving and sometimes false representations about the targeted-killing program.
The Bureau of Investigative Journalism estimates that 2,442 to 3,942 people in Pakistan have been killed by CIA drone strikes since 2004. Hundreds more people are thought to have been killed by U.S. drones in Yemen, Somalia and Afghanistan.
The White House has formally acknowledged that four of those killed by U.S. drone strikes were United States citizens, one of whom was just 16 years old.
The U.S. has come under intense international criticism over its drone assassination program for years, with a February 2014 report issued by Ben Emmerson, the UN’s Special Rapporteur on human rights and counter-terrorism, urging the United States to ensure that “any measures taken to counter terrorism, including the use of remotely piloted aircraft, comply with their obligations under international law, including international humanitarian law and international human rights law, in particular the principles of precaution, distinction and proportionality.”
Another UN report, issued by the UN Human Rights Committee in March 2014, expressed grave concern about the U.S.’s practice of targeted killings by drones, particularly “the lack of transparency regarding the criteria for drone strikes, including the legal justification for specific attacks, and the lack of accountability for the loss of life resulting from such attacks.”
Despite these concerns, the United States has decided to not only continue its drone assassination program but to begin exporting drones to countries around the world so that they may also begin remotely assassinating people without charge or trial.
Rather hypocritically, the Obama Administration has said that prospective purchasers of “unmanned aerial systems” must meet certain restrictions set out in the State Department’s “Fact Sheet”. For one, purchasers must use armed drones “in accordance with international law, including international humanitarian law and international human rights law, as applicable.”
Unfortunately, it will be the United States – perhaps the world’s most frequent and flagrant violator of international law – determining whether these standards are met.
Despite a recent flurry of international criticism of the U.S. drone assassination program and some tentative domestic attempts to force more transparency regarding the program, no significant policy changes are being made to bring drone strikes in line with U.S. and international law. In fact, the Obama administration seems intent on demonstrating its continued obstinacy by intensifying the use of killer drones in counter-terrorist operations in Yemen, killing scores of people recently in the bloodiest spate of strikes since March 2012.
As the Bureau of Investigative Journalism reported on April 22,
The Yemeni Ministry of Interior said air strikes had killed dozens of suspected al Qaeda in the Arabian Peninsula (AQAP) militants, including several allegedly high-ranking militants.
‘The security authorities stated that the air strikes, which lasted for several hours, killed around 55 terrorists from [AQAP], including three movement leaders,’ the interior ministry said. Unnamed US officials told the New York Times CIA drones were used in the airstrikes.
But as Rooj Alwazir of the Support Yemen media collective pointed out, there is no way of really knowing how many of the victims obliterated by U.S. drones were actually militants and how many were innocent civilians.
The Yemeni government “is saying pretty much what the US government wants to hear, which is that 55 militants were killed over the weekend in southern province of Yemen,” said Alwazir on the Unauthorized Disclosure podcast.
What you’re not hearing is that included in these 55 are civilians. What you’re not hearing are the names of people who were killed. The Ministry of Interior in particular has come out and claimed that the strike in al Bayda, south of the Yemeni capital, killed ten militants and he actually for the first time acknowledged three civilians were killed. In al Marib and al Shabwah they claimed that over 23-30 militants were killed. When asked who they were, when asked who their names were and if any investigations have happened, they don’t comment. They’re still saying that they are doing DNA tests and etc.
What’s interesting about these particular air strikes that happened over the weekend is that this is the first time that we actually saw special operations on the ground, meaning when air strikes had happened in the past in Yemen air strikes are usually just laying there. No investigations are happening ever. This is the first time where the military came after the air strikes and picked up the dead bodies. So this is what’s really getting us activists and journalists, etc, people we question what happened this time around.
Yemeni human rights researcher Baraa Shiban noted that “the Yemeni government has not provided any names, or at least any names even to the public, to show that those people who are targeted in those drone strikes are an imminent threat to the security of the country.”
He said that neither the United States nor the Yemeni government knows who they are killing in these attacks. “These drone strikes and the drone programs inside Yemen violate both the Yemeni constitution and the international law,” he pointed out.
An April 21 BIJ report provided some detail on confirmed civilian casualties in the recent Yemeni attacks:
Multiple sources including military officials and eyewitnesses described how a US drone attacked a truck that was carrying alleged members of al Qaeda in the Arabian Peninsula (AQAP) and also hit a vehicle carrying civilians. At least 10 – and possibly as many as 21 – were reportedly killed in the attack, including at least three civilians. They were described as ‘construction workers‘ or ‘labourers’ by some reports.
This is the highest death toll of any confirmed drone strike in Yemen so far this year.
Cautious attempts at forcing more transparency and disclosure from the White House on these matters have recently been abandoned by the U.S. Congress, which apparently has caved to pressure from the military and intelligence establishment.
“At the behest of the director of national intelligence,” the Guardian reported on Monday, “U.S. senators have removed a provision from a major intelligence bill that would require the president to publicly disclose information about drone strikes and their victims.”
When it passed out of the Senate intelligence committee in November, the bill originally required the president to issue an annual public report clarifying the total number of “combatants” and “noncombatant civilians” killed or injured by drone strikes in the previous year.
But after receiving a letter from Director of National Intelligence James Clapper, who assured them that the Obama administration was seeking its own ways to increase transparency about its highly controversial drone strikes, Senate leaders meekly removed the language as they prepare to bring the bill to the floor for a vote. The senators evidently took Clapper’s word, despite the fact that he is a known perjurer who has been caught lying to Congress in relation to NSA surveillance activities.
The fresh carnage in Yemen was unleashed in spite of a number of recent attempts by the international community to rein in the lawless U.S. drone assassination program, obviously to no avail.
For example, in a report issued February 28 by Ben Emmerson, the UN’s Special Rapporteur on human rights and counter-terrorism, the U.S. was urged to ensure that “any measures taken to counter terrorism, including the use of remotely piloted aircraft, comply with their obligations under international law, including international humanitarian law and international human rights law, in particular the principles of precaution, distinction and proportionality.”
The Special Rapporteur also urged the U.S. to ensure that, “in any case in which there is a plausible indication from any apparently reliable source that civilians have been killed or injured in a counter-terrorism operation, including through the use of remotely piloted aircraft, the relevant authorities conduct a prompt, independent and impartial fact-finding inquiry, and provide a detailed public explanation.”
Needless to say, this recommended inquiry is not taking place in relation to the civilians recently incinerated by U.S. drones in Yemen.
Another UN report, issued by the UN Human Rights Committee in late March, expressed grave concern about the U.S.’s practice of targeted killings by drones, particularly “the lack of transparency regarding the criteria for drone strikes, including the legal justification for specific attacks, and the lack of accountability for the loss of life resulting from such attacks.”
According to the Human Rights Committee’s concluding observations on the United States’ periodic review on its compliance with the International Covenant on Civil and Political Rights,
The Committee remains concerned about the State party’s very broad approach to the definition and geographical scope of “armed conflict”, including the end of hostilities, the unclear interpretation of what constitutes an “imminent threat”, who is a combatant or a civilian taking direct part in hostilities, the unclear position on the nexus that should exist between any particular use of lethal force and any specific theatre of hostilities, as well as the precautionary measures taken to avoid civilian casualties in practice (arts. 2, 6 and 14).
Due to these concerns, the UN Committee urged the U.S. to “revisit its position regarding legal justifications for the use of deadly force through drone attacks.”
In particular, it should:
(a) Ensure that any use of armed drones complies fully with its obligations under article 6 of the Covenant, including, in particular, with respect to the principles of precaution, distinction and proportionality in the context of an armed conflict;
(b) Subject to operational security, disclose the criteria for drone strikes, including the legal basis for specific attacks, the process of target identification and the circumstances in which drones are used;
(c) Provide for independent supervision and oversight of the specific implementation of regulations governing the use of drone strikes;
(d) In armed conflict situations, take all feasible measures to ensure the protection of civilians in specific drone attacks and to track and assess civilian casualties, as well as all necessary precautionary measures in order to avoid such casualties;
(e) Conduct independent, impartial, prompt and effective investigations of allegations of violations of the right to life and bring to justice those responsible;
(f) Provide victims or their families with an effective remedy where there has been a violation, including adequate compensation, and establish accountability mechanisms for victims of allegedly unlawful drone attacks who are not compensated by their home governments.
On the domestic front, a U.S. court has ordered the release of key portions of a classified Justice Department memorandum that provided the legal justification for the targeted killing of a United States citizen, Anwar al-Awlaki. U.S. intelligence officials contend al-Awlaki had joined Al Qaeda and Obama ordered his assassination without trial in a September 2011 drone strike in Yemen. Two weeks later, his 16-year-old son Abdulrahman al-Awlaki, another U.S. citizen was assassinated in a separate strike.
The U.S. Court of Appeals for the Second Circuit roundly rejected the government’s extreme claims of official secrecy over information about the program. In ordering the release of a 2010 legal memorandum by the Office of Legal Counsel analyzing the potential targeted killing of an American citizen, as well as other information about records the government has previously refused to describe at all, the Second Circuit became the first court to order the release of a document related to the government’s targeted killing program. It also became the second federal appeals court in the last 13 months to hold that the government has pushed its secrecy claims surrounding the targeted killing program past their breaking point.
In today’s opinion, the Second Circuit panel held that the government’s repeated public assurances that the targeted killing program is lawful, and its disclosure of a “white paper” that summarized its legal conclusions, had waived its right under the Freedom of Information Act to keep secret its legal analysis authorizing the killing of U.S. citizens. This is a victory for common sense, and a reminder that the courts have an important role to play in scrutinizing government claims about national security.
Also somewhat promising in terms of increasing transparency over these strikes is the fact that more and more individuals – including a number of drone operators themselves – are stepping forward to reveal their inside knowledge about this controversial program. As Heather Linebaugh, a former drone operator, recently wrote in the Guardian,
What the public needs to understand is that the video provided by a drone is not usually clear enough to detect someone carrying a weapon, even on a crystal-clear day with limited cloud and perfect light. This makes it incredibly difficult for the best analysts to identify if someone has weapons for sure. One example comes to mind: “The feed is so pixelated, what if it’s a shovel, and not a weapon?” I felt this confusion constantly, as did my fellow UAV analysts. We always wonder if we killed the right people, if we endangered the wrong people, if we destroyed an innocent civilian’s life all because of a bad image or angle.
She also discussed the heavy emotional toll of launching missiles and ending human lives on a daily basis, even when operating the drones from thousands of miles away:
I know the feeling you experience when you see someone die. Horrifying barely covers it. And when you are exposed to it over and over again it becomes like a small video, embedded in your head, forever on repeat, causing psychological pain and suffering that many people will hopefully never experience. UAV troops are victim to not only the haunting memories of this work that they carry with them, but also the guilt of always being a little unsure of how accurate their confirmations of weapons or identification of hostile individuals were.
As the Obama administration continues to ignore the pleas from the international community to rethink the lawless approach to drone strikes, these haunting memories will only continue to grow for the drone operators like Heather Linebaugh tasked with deciding whether to end someone’s life based on grainy, pixelated images.
The United States came under sustained criticism last week during a two-day review by the United Nations Human Rights Committee for its compliance with the International Covenant on Civil and Political Rights (ICCPR), a legally binding treaty ratified by the United States in 1992.
Much of the attention that the review has received in the media has focused on the U.S.’s refusal to recognize the ICCPR’s mandate over its actions beyond its own borders, using the “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.
Walter Kälin, a Swiss international human rights lawyer who sits on the committee, criticized the U.S. position. “This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”
Besides its controversial counter-terrorism tactics, including indefinite detention and the use of drones to kill terrorist suspects far from any battlefield, the U.S. also came under criticism for a litany of human rights abuses that included NSA surveillance, police brutality, the death penalty, rampant gun violence and endemic racial inequality.
The U.S. government was also reprimanded for the treatment of youth in the criminal justice system, with committee members pointing out that the sentence of life without parole for child offenders may raise issues under article 7 of the ICCPR, which prohibits “cruel, inhuman or degrading treatment or punishment.” While this matter is left to the states under the U.S. system of federalism, the national government should require that juveniles be separated from adult prisoners, the U.S. was told.
Corporal punishment of children in schools, detention centers and homes was also raised, with the U.S. delegation asked what policy has been adopted to eliminate corporal punishment and treat children as minors rather than adults in the criminal justice system. To this criticism, the U.S. responded that it is still “exceptional” in the U.S. for children to be tried in adult courts.
Concern was also expressed over mandatory deportation of immigrants convicted of nonviolent misdemeanors without regard to individual cases. Further, the U.S. has failed to meet international obligations for freedom of religious belief in relation to indigenous communities, the committee said.
The U.S. was asked for a timeline for closing the Guantanamo detention center, and concern was raised over the fairness of the military commissions set up to try terrorism suspects. The majority of Guantanamo detainees approved for transfer remain in administrative limbo, the U.S. was reminded.
When it comes to mass surveillance being conducted by the National Security Agency, the U.S. delegation was asked if the NSA surveillance is “necessary and proportionate,” and whether the oversight under the FISA court could be considered sufficient.
NSA surveillance raises concerns under articles 17 and 19 of the ICCPR, the U.S. was told. According to article 17,
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Article 19 guarantees that,
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.
The committee weighed in on the ongoing conflict between the CIA and the Senate Intelligence Committee, calling in particular for the U.S. to release a report on a Bush-era interrogation program at the heart of the dispute.
“It would appear that a Senator Dianne Feinstein claims that the computers of the Senate have been hacked into in the context of this investigation,” Victor Manuel Rodriguez-Rescia, a committee member from Costa Rica, told the U.S. delegation.
“In the light of this, we would like hear a commitment that this report will be disclosed, will be made public and therefore be de-classified so that we the committee can really analyze what follow-up you have given to these hearings.”
Committee chair Nigel Rodley, a British law professor and former UN investigator on torture, suggested lawyers in the Bush administration who drew up memorandums justifying the use of harsh interrogation techniques could also be liable to prosecution.
“When evidently seriously flawed legal opinions are issued which then are used as a cover for the committing of serious crimes, one wonders at what point the authors of such opinions may themselves have to be considered part of the criminal plan in the first place?” Rodley said.
“Of course we know that so far there has been impunity.”
This impunity stems in part from the U.S. position that the treaty imposes no human rights obligations on American military and intelligence forces when they operate abroad, rejecting an interpretation by the United Nations and the top State Department lawyer during President Obama’s first term.
“The United States continues to believe that its interpretation — that the covenant applies only to individuals both within its territory and within its jurisdiction — is the most consistent with the covenant’s language and negotiating history,” Mary McLeod, the State Department’s acting legal adviser, said during the session.
This narrow legal reasoning drew criticism from the UN panel, with committee member Yuji Iwasawa, Professor of International Law at the University of Tokyo, pointing out that “No state has made more reservations to the ICCPR than the United States.”
The review last week, held on March 13-14, is a voluntary exercise, repeated every five years, and the U.S. will face no penalties if it ignores the committee’s recommendations, which will appear in a final report in a few weeks’ time.
The Guardian noted however that “the U.S. is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the U.S.”
Setting aside for a moment the question of whether there was any justification for the Russian Federation to deploy troops to Ukraine’s autonomous region of Crimea in order to “defend our citizens and our compatriots” as Russian Foreign Minister Sergei Lavrov told UN Secretary General Ban Ki-moon on Monday, the intense international condemnation of that action raises another question: why is there never any comparable response to U.S. acts of aggression? And, if there were threats of genuine international repercussions, would it modify U.S. behavior at all?
Since Russia sent troops into Crimea, the United States and United Kingdom announced boycotts of the Sochi Paralympic Games, European Union leaders called a special summit at which they are expected to suspend talks with Russia on economic cooperation and liberalized visa rules, the U.S. suspended trade negotiations and all military-to-military engagements with Russia, U.S. lawmakers discussed sanctions on Russia’s banks and freezing assets of Russian public institutions and private investors, the Group of Seven major industrialized nations canceled preparations for the G8 summit that had been scheduled to take place in Sochi in June, and there is even talk of expelling Russia from the G8 altogether.
The Obama administration continues to discuss further ways to isolate and punish Russia, with members of the White House’s National Security Council spending more than two hours in the Situation Room on Monday discussing the administration’s options for pursuing additional diplomatic and economic consequences for Moscow.
“I think the world is largely united in recognizing that the steps Russia has taken are a violation of Ukraine’s sovereignty, Ukraine’s territorial integrity; that they’re a violation of international law; they’re a violation of previous agreements that Russia has made with respect to how it treats and respects its neighbors,” Obama said.
In short, the international response to Russia’s intervention could hardly be stronger. But even if this uproar is fully warranted (and there are certainly some doubts whether that is the case), it begs the question of why there has been such little international outcry, relatively speaking, over the decade-plus old war on terror that has violated the sovereignty and territorial integrity of countless countries, including most prominently, Iraq, Afghanistan, Pakistan and Libya. When it comes to the U.S.’s ongoing drone wars, there have been some grumblings from the international community over concepts such as transparency, distinction, proportionality and sovereignty, but nothing along the lines of the international response to Russia’s Ukraine incursion.
It should be remembered that while the world is transfixed on this so far bloodless incursion of Russian forces into Ukrainian territory, the United States military deployed military forces to more than 130 countries last year, in near total secrecy.
As a January 16 report by journalist Nick Turse explained,
In 2013, elite U.S. forces were deployed in 134 countries around the globe, according to Major Matthew Robert Bockholt of SOCOM Public Affairs. This 123% increase during the Obama years demonstrates how, in addition to conventional wars and a CIA drone campaign, public diplomacy and extensive electronic spying, the U.S. has engaged in still another significant and growing form of overseas power projection. Conducted largely in the shadows by America’s most elite troops, the vast majority of these missions take place far from prying eyes, media scrutiny, or any type of outside oversight, increasing the chances of unforeseen blowback and catastrophic consequences.
So, the United States is operating in 134 countries around the world (more than half of the total number of UN Member States), and its actions elicit barely a whimper of complaint, but Russia sends forces to one country (arguably on a much firmer pretext and rationale), and the international community reacts as if World War III has just been declared.
The double standards are mind-boggling, and beg the question “why?”
Of course, we all know that the United States is the world’s economic and military powerhouse, but does that fully explain it? Perhaps the U.S. has just been throwing its weight around for so long – invading countries on a whim, disregarding international norms, violating territorial integrity and national sovereignty – that it all seems normal at this point. Or perhaps the U.S. and its allies actually fundamentally agree on the virtue of U.S. military action, and share the same view on Russia: namely that Russia is a negative force in world affairs that must be neutralized at any cost.
If this is the case, it seems that the international community as a whole is just as hypocritical as the United States is, and lacks any sort of guiding principle on what constitutes “normative behavior.” On the other hand, if nations are just afraid of standing up to the bully on the playground, one wonders what might happen if they ever do grow a spine. Perhaps U.S. lawlessness and military adventurism might finally be reined in.
As Washington responds with shock and outrage over the deployment of Russian troops to the Crimean Peninsula of Ukraine, Russian President Vladimir Putin has stressed that if violence spreads in the eastern regions of Ukraine and Crimea, Russia reserves the right to protect its interests and the Russian-speaking population.
In a telephone conversation with German Chancellor Angela Merkel on Sunday, Putin reportedly said that Russian citizens and Russian-speakers in Ukraine faced an “unflagging” threat from ultranationalists, and that the measures Moscow has taken – mainly sending troops to serve as a buffer between Ukrainian military forces and the local population – were appropriate given the “extraordinary situation.”
This situation includes outbreaks of violence between Ukrainian nationalists and Russian loyalists, as well as official acts of the newly formed Ukrainian government that have been widely seen as discriminatory against the Russian-speaking population. Last week, pro- and anti-Russian demonstrators clashed in front of the parliament building in Simferopol, the capital of Ukraine’s autonomous Crimea Region, leading to several hospitalizations and at least two deaths.
“Demonstrators slammed each other with flags and threw stones as leaders on both sides urged their followers to avoid provocations,” reported RT.
Further, Russia’s Federal Migration Service said it has seen a sharp spike in applications from Ukrainian citizens seeking refuge from outbreaks of violence following a U.S.-backed coup that toppled the government of Viktor Yanukovych on Feb. 22. As RIA Novosti reports,
The head of the migration service’s citizenship department, Valentina Kazakova, said 143,000 people had applied for asylum in the last two weeks of February alone.
“People are afraid for the fate of those close to them and are asking not just for protection, but also to help them receive fast-tracked Russian citizenship,” Kazakova said. “A large number of applications are from members of Ukrainian law enforcement bodies and government officials fearing reprisals from radically disposed groups.”
Many people living in Crimea, a 10,000-square mile peninsula on the Black Sea with historical and linguistic ties to Russia, agree with Moscow’s assertion that Ukraine’s revolutionaries are violent, western-backed far-right ultranationalists who intend to roll back the rights of Russian-speakers and restrict Crimea’s links with Russia itself.
Unfortunately, the actions of the Ukrainian government following the ouster of President Yanukovych have largely confirmed these fears. Last week, Ukraine’s parliament, the Verkhovna Rada, began immediately moving to prohibit the official use of the Russian language in Ukraine and block broadcasts of Russian television and radio programs in the country.
The Verkhovna Rada’s repeal of the law on the “Principles of the State Language Policy,” which provided for the use of the Russian language in Russian-speaking parts of Ukraine, could lead to further division and unrest, warned the OSCE High Commissioner on National Minorities Astrid Thors.
“The authorities have to consult widely to ensure that future language legislation accommodates the needs and positions of everyone in Ukrainian society, whether they are speakers of Ukrainian, Russian or other languages,” said Thors.
In response to the blocking of Russian broadcasts, the OSCE Representative on Freedom of the Media, Dunja Mijatovic, noted in a letter to Oleksandr Turchinov, Acting President of Ukraine and Chair of the Verkhovna Rada, that “Banning broadcasts is one of the most extreme forms of interference in media freedom and should only be applied in exceptional circumstances.”
It is in this context of official suppression of Russian rights, as well as the sporadic violence leading to a dramatic spike in asylum seekers, that Putin sought authorization from the Russian Parliament to deploy military forces to Crimea. Putin said he proposed military action because of “the threat to the lives of citizens of the Russian Federation,” and the Parliament passed his proposal unanimously.
Although no shots have been fired by the Russian troops and a Ukrainian colonel was quoted as saying that the Ukrainian and Russian sides had “agreed not to point our weapons at one another,” the presence of Russian forces in Ukraine is being denounced in the strongest terms by U.S. officials, including President Obama and Secretary of State John Kerry.
Appearing on ABC News’ This Week on Sunday, Kerry said,
What has already happened is a brazen act of aggression, in violation of international law and violation of the UN Charter and violation of the Helsinki Final Act. In violation of the 1997 Ukraine-Russia basing agreement. Russia is engaged in a military act of aggression against another country, and it has huge risks, George. It’s a 19th century act in the 21st century. It really puts at question Russia’s capacity to be within the G-8.
If the United States had a truly free press, the outrage expressed by the U.S. Secretary of State over the Russian deployment of troops and its alleged violation of international law would lead any honest journalist to follow up with a question like, “Excuse me, Mr. Secretary, but how can you possibly feign such outrage with a straight face when we all know that the U.S. has repeatedly invaded foreign countries and habitually violated the UN Charter with impunity for years? What gives the United States the moral authority or credibility to be the arbiter of international law and the legitimate use of force?”
Instead, George Stephanopoulos followed up with, “I understand it’s a violation, sir. So what’s the penalty for what Russia has already done?”
To which Kerry responded:
Well, we are busy right now coordinating with our counterparts in many parts of the world. Yesterday, the president of the United States had an hour and a half conversation with President Putin. He pointed out importantly that we don’t want this to be a larger confrontation. We are not looking for a U.S.-Russia, East-West redux here. What we want is for Russia to work with us, with Ukraine. If they have legitimate concerns, George, about Russian speaking people in Ukraine, there are plenty of ways to deal with that without invading the country. They have the ability to work with the government, they could work with us, they could work with the UN. They could call for observers to be put in the country. There are all kinds of alternatives. But Russia has chosen this aggressive act, which really puts in question Russia’s role in the world and Russia’s willingness to be a modern nation and part of the G8.
Incidentally, the 90-minute phone call between Putin and Obama that Kerry referred to was initiated by the Russian president, who called Obama to explain why Russia was sending troops to the Crimean Peninsula. The Russian government released a statement on the phone call, which reads:
In response to the concern shown by Barack Obama regarding possible plans of the use of Russian armed forces on the territory of Ukraine, Vladimir Putin drew attention to the provocative criminal acts by ultra-nationalist elements, which are in fact encouraged by the current authorities in Kiev.
The Russian President stressed the existence of real threats to the lives and health of Russian citizens and compatriots on Ukrainian territory. Vladimir Putin stressed that in the case of further spread of violence in the eastern regions of Ukraine and Crimea, Russia reserves the right to protect its interests and the Russian-speaking population.
The White House’s readout of the phone call was quite different. According to an account posted on the White House website,
President Obama expressed his deep concern over Russia’s clear violation of Ukrainian sovereignty and territorial integrity, which is a breach of international law, including Russia’s obligations under the UN Charter, and of its 1997 military basing agreement with Ukraine, and which is inconsistent with the 1994 Budapest Memorandum and the Helsinki Final Act. The United States condemns Russia’s military intervention into Ukrainian territory. …
President Obama made clear that Russia’s continued violation of Ukraine’s sovereignty and territorial integrity would negatively impact Russia’s standing in the international community. In the coming hours and days, the United States will urgently consult with allies and partners in the UN Security Council, the North Atlantic Council, the Organization for Security and Cooperation in Europe, and with the signatories of the Budapest Memorandum. The United States will suspend upcoming participation in preparatory meetings for the G-8. Going forward, Russia’s continued violation of international law will lead to greater political and economic isolation.
It is clear from this statement that the United States is committing itself to a confrontational course that intends to rally the world in isolating the Russian government, including perhaps by expelling Russia from the G-8. But as the AP reported on Saturday,
Despite blunt warnings about costs and consequences, President Barack Obama and European leaders have limited options for retaliating against Russia’s military intervention in Ukraine, the former Soviet republic now at the center of an emerging conflict between East and West.
Russian President Vladimir Putin has so far dismissed the few specific threats from the United States, which include scrapping plans for Obama to attend an international summit in Russia this summer and cutting off trade talks sought by Moscow.
“There have been strong words from the U.S. and other counties and NATO,” said Keir Giles, a Russian military analyst at the Chatham House think tank in London. “But these are empty threats. There is really not a great deal that can be done to influence the situation.”
Perhaps what the U.S. hopes is that simply reminding Russia of its “obligations under international law” will somehow lead to changes in Russian policy; that Moscow will just bend to the will of Washington on this issue. The problem is, U.S. pronouncements about international law are largely empty rhetoric, and no one is more aware of this than the Russians.
It was just last summer that the Russian government was admonishing the Obama administration for its drive to war with Syria, largely basing its opposition to a possible U.S. bombing campaign on the grounds of international law.
“The potential strike by the United States against Syria,” Putin wrote in an op-ed published by The New York Times, “despite strong opposition from many countries and major political and religious leaders, including the pope, will result in more innocent victims and escalation, potentially spreading the conflict far beyond Syria’s borders. … It could throw the entire system of international law and order out of balance.”
Putin also chided the U.S.’s over-reliance on military force to settle its disputes, including in Iraq, Afghanistan, Libya and the narrowly averted intervention in Syria:
It is alarming that military intervention in internal conflicts in foreign countries has become commonplace for the United States. Is it in America’s long-term interest? I doubt it. Millions around the world increasingly see America not as a model of democracy but as relying solely on brute force, cobbling coalitions together under the slogan “you’re either with us or against us.”
But force has proved ineffective and pointless. Afghanistan is reeling, and no one can say what will happen after international forces withdraw. Libya is divided into tribes and clans. In Iraq the civil war continues, with dozens killed each day. In the United States, many draw an analogy between Iraq and Syria, and ask why their government would want to repeat recent mistakes.
With all those military interventions in its recent past – all carried out in violation of the UN Charter – the U.S. is certainly in no position now to lecture Russia on international law, and Moscow knows this.
Then of course, there is also the matter of the U.S.’s drone wars – the ongoing remote-controlled bombing campaigns of countries including Yemen, Somalia and Pakistan. Just last week, the UN Special Rapporteur on terrorism and human rights, Ben Emmerson, published the second report of his year-long investigation into drone strikes, highlighting dozens of strikes where civilians have been killed.
The report identifies 30 attacks between 2006 and 2013 that show sufficient indications of civilian deaths to demand a “public explanation of the circumstances and the justification for the use of deadly force” under international law.
But somehow the U.S. manages to get a pass when it comes to these unpleasant realities, and is able to maintain a veneer of credibility when it rebukes others for violating international law. At least as far as Russia’s concerned though, these rebukes are not likely to work.
The United States is coming under intense criticism for its policies on a range of issues, including drone strikes and the nationwide epidemic of police violence.
While at first glance, these issues might appear unrelated, in fact they are part and parcel of the U.S. government’s foreign and domestic policy, a generally lawless approach that has been greatly exacerbated by a decade-plus of the war on terror.
The violence perpetrated by the U.S. military on a global scale since 2001 is now increasingly being employed by security forces domestically, and the impunity that high-ranking U.S. officials have long enjoyed is now trickling down to the street level at home.
As a 2007 report prepared for the United Nations Human Rights Committee stated, the war on terror has “created a generalized climate of impunity for law enforcement officers, and contributed to the erosion of what few accountability mechanisms exist for civilian control over law enforcement agencies. As a result, police brutality and abuse persist unabated and undeterred across the country.”
“Systemic abuse of people of color by law enforcement officers has not only continued since 2001,” the report noted, “but has worsened in both practice and severity. According to a representative of the NAACP, ‘the degree to which police brutality occurs…is the worst I’ve seen in 50 years.’”
Even establishment publications such as the Wall Street Journal have noticed the troubling trend of rising police violence and its relationship to the war on terror, dubbing the new breed of U.S. police officers “the warrior cop.” As a feature article in WSJ put it in August 2013,
Driven by martial rhetoric and the availability of military-style equipment—from bayonets and M-16 rifles to armored personnel carriers—American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S. scene: the warrior cop—armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.
As the problem of police brutality and the lack of accountability continues to intensify, so too does popular resistance. A recent film produced by the U.S.-based Liberation News documents the budding grassroots movement against police violence in California and across the country, with heart-wrenching stories of innocent people routinely shot down by rogue cops who rarely if ever face justice for their crimes.
Tuesday, Oct. 22, marked the 18th annual national day of action against police violence, with demonstrators in dozens of cities across the U.S. protesting what they call an “epidemic of police brutality.” While most protests were peaceful, others saw violent clashes with police.
“Police view all blacks and Latinos as criminals that are allowed to be either stopped and frisked here in New York,” a protester in New York City said. “In LA, … three or more black or brown youth standing together are considered a gang with no rights and are allowed to be rounded up.”
“Hundreds every year are killed by the police, and the majority of them are unarmed, not involved in any criminal activity when they were killed. And also the majority of them were young, and either black or Latino,” said Carl Dix, representative for the October 22 Coalition.
At the heart of the issue are the lax standards that U.S. police forces employ in determining whether to use force. Much like the loose “rules of engagement” that govern U.S. military forces abroad, domestic police appear to operate under the belief that they are allowed to harass and even shoot innocent people with impunity, all in violation of international norms.
As Article 3 of the UN Code of Conduct for Law Enforcement Officials puts it, police “may use force only when strictly necessary and to the extent required for the performance of their duty.”
The commentary on Article 3 further explains:
( a ) This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders, no force going beyond that may be used.
( b ) National law ordinarily restricts the use of force by law enforcement officials in accordance with a principle of proportionality. It is to be understood that such national principles of proportionality are to be respected in the interpretation of this provision. In no case should this provision be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.
( c ) The use of firearms is considered an extreme measure. Every effort should be made to exclude the use of firearms, especially against children. In general, firearms should not be used except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender. In every instance in which a firearm is discharged, a report should be made promptly to the competent authorities.
Much as these international obligations on domestic police are ignored in the U.S., so too are international obligations on use of force abroad. On the same day that Americans were marching across the country to protest police violence, two leading human rights groups were issuing major new reports on the use of drone strikes abroad.
In its report on Yemen, Human Rights Watch found that U.S. drone strikes against alleged terrorists have killed civilians in violation of international law and are creating a public backlash that undermines U.S. efforts against Al-Qaeda in the Arabian Peninsula.
The 102-page report examines six U.S. targeted killings in Yemen, one from 2009 and the rest from 2012-2013. “Two of the attacks killed civilians indiscriminately in clear violation of the laws of war; the others may have targeted people who were not legitimate military objectives or caused disproportionate civilian deaths,” said HRW.
Amnesty International’s report finds that many questionable killings in the U.S. drone wars in Pakistan may constitute extrajudicial executions or war crimes. Based on interviews with 60 survivors and eyewitnesses to these strikes, “Will I be next?” documents potentially unlawful killings, and offers recommendations to the U.S. government for upholding its obligations to protect the right to life and ensure accountability for any war crimes.
In an interview on Democracy Now, the report’s author Mustafa Qadri explained Amnesty International’s determination that at least some of the drone strikes constitute war crimes.
“We’re not saying that the entire program constitutes war crimes,” Qadri said.
What we’re saying is that particularly rescuer attacks may constitute war crimes. We’re talking here, for example, some laborers in a very impoverished village near the Afghanistan border, they get targeted, eight die instantly in a tent; those who come to rescue or to look for survivors are themselves targeted. In great detail, eyewitnesses, victims who survive tell us about, you know, the terror, the panic, as drones hovered overhead. There are other cases, as well, in the report where we talk about people who have been targeted for coming to be—to rescue people also killed. Those cases may constitute war crimes.
He went on to explain that under international law, only those who are actively taking part in hostilities may be legally targeted for killing:
The law is quite technical. But basically, it could be because of a spillover of the conflict in Afghanistan, so that, for example, if you have a military commander of the Afghan Taliban, he’s in hot pursuit from Afghanistan, he slips into the border into North Waziristan, in the right conditions—there’s a whole range of requirements—that might be lawful. Alternatively, Pakistan is itself fighting a non-international armed conflict in its own borders against the local insurgency; the U.S. has killed members of that insurgency, very senior members of that. Now, that might be lawful. But again, there are very strict requirements that have to be satisfied. One of the requirements is not that a person who is a militant is lawfully—can be lawfully killed. It’s not enough that a person is militant to say that it’s OK to kill them. They have to be taking active part in hostilities to be lawfully targeted.
Following the report’s release, Pakistan’s Foreign Office spokesman Aizaz Ahmad Chaudhry called it very timely and noted that its conclusions were essentially the same as what Pakistan has been saying for years.
Speaking to Geo News, Chaudhry said that it was being internationally recognized that the results of drone attacks have been counterproductive, a point that Malala Yousafzai, the Pakastani girl who was shot in the head on her school bus by Taliban gunmen for criticizing their rule, also made with President Obama during a meeting in the Oval Office on October 11.
“I thanked President Obama for the United States’ work in supporting education in Pakistan and Afghanistan and for Syrian refugees,” she said after the meeting. “I also expressed my concerns that drone attacks are fueling terrorism. Innocent victims are killed in these acts, and they lead to resentment among the Pakistani people. If we refocus efforts on education it will make a big impact.”
Days after Malala’s remarks, a report was issued by United Nations Special Rapporteur Christof Heyns, which warned that the secretive drone program threatens international security due to a “lack of appropriate transparency and accountability.”
The report on ‘Extrajudicial, summary or arbitrary executions,’ also warns that so-called ‘signature strikes,’ based upon limited information regarding targets’ vague behavior patterns, are “clearly unlawful,” and condemns the practice of follow-up attacks on rescuers (so-called “double taps”) as a “war crime.”
Pakistani Prime Minister Nawaz Sharif added his voice to the growing international pressure on October 23 by calling on Barack Obama to end all strikes in his country. At the end of a visit to the White House, Sharif told reporters that he had “emphasized the need to end such strikes,” which are estimated to have killed between 2,525 and 3,613 people in Pakistan since 2004.
But even as international pressure grows on the United States to rein in its unlawful drone killings abroad, the U.S. is expanding the use of drone technology at home. In June, FBI Director Robert Mueller acknowledged to the Senate Judiciary Committee that the bureau uses unmanned drones for surveillance on U.S. soil. He added that such drone use is done in a “very, very minimal way, and very seldom.”
The ACLU, however, notes that “U.S. law enforcement is greatly expanding its use of domestic drones for surveillance” and says that “rules must be put in place to ensure that we can enjoy the benefits of this new technology without bringing us closer to a ‘surveillance society’ in which our every move is monitored, tracked, recorded, and scrutinized by the government.”
Drone manufacturers are also offering police the option of arming these flying robots with weapons like rubber bullets, Tasers, and tear gas, notes the ACLU. The group warns that drones should be deployed by law enforcement only with a warrant, in an emergency, or when there are specific and articulable grounds to believe that the drone will collect evidence relating to a specific criminal act.
Further, “domestic drones should not be equipped with lethal or non-lethal weapons,” says the ACLU.
Considering the growing proclivity of U.S. police forces to engage in lethal force against civilians at home, and the U.S. military’s troubling track record abroad, it could be said that the ACLU’s mild admonitions could be considered understated at best.
The violence and impunity with which security forces operate are a clear danger to society both within the United States and overseas. Adding domestic drones to the arsenal of local police weapons is only inviting further tragedy.
Indeed, unless the American people and the world community begin to demand that the U.S. abides by the international norms that it demands of “rogue states” such as Syria or Iran, the United States will likely continue its slide into an authoritarian country in which human rights are cast aside as an irrelevant nuisance.