Clarity from the White House (Photo: Michael Baird/ Flickr)

Two of the most controversial aspects of the US covert drone campaign – CIA control of strikes in Pakistan, and the use of so-called signature strikes – look set to continue until at least 2014, papers released by the White House indicate.

In the wake of President Obama’s Thursday speech on counter-terrorism policy, White House national security officials have released two key documents. The first, US Policy Standards and Procedures for the Use of Force in Counterterrorism, lays out the standards now being used to decide whether to deploy ‘lethal force’ outside the battlefield.

The White House has also released the transcript of a background briefing for journalists, in which anonymous senior administration officials offer their interpretation of the new guidance.

Between them, the two documents offer significant insights into how the US targeted killing programme is governed.

Related story – Obama frames covert drone war as necessary evil

Officials have also provided the most comprehensive understanding yet of how the US government defines a civilian – or ‘non-combatant’ – in places such as Pakistan and Yemen.

But claims that the US has ended controversial ‘signature strikes’ – and will transfer all covert drones from the CIA to the Pentagon – appear to have been overstated. As one official puts it, ‘you’ll see also a lot of continuity in the way in which we approach these things that are basically being codified in the guidance that’s been issued.’

Rule BookBuilding on President Obama’s counter terrorism speech at National Defense University on Thursday, officials have laid out ‘certain key elements’ of the standards and procedures governing the US targeted killing programme.

Noting that the US has a preference where possible ‘to capture a terrorism suspect’, guidance notes then lay out the circumstances in which a lethal covert drone strike or other form of targeted killing can take place.

All proposed killings outside the conventional battlefield must have a ‘legal basis’; must not be an act of punishment; and must only be used if the target represents ‘a continuing, imminent threat to US persons’, according to the document.

You’ll see also a lot of continuity in the way in which we approach these things that are basically being codified in the guidance that’s been issued.’Senior US administration official

But it goes on to make clear: ‘It is simply not the case that all terrorists pose a continuing, imminent threat to US persons; if a terrorist does not pose such a threat, the United States will not use lethal force.’

In recent months, some senior administration figures including CIA Director John Brennan have pushed for a far looser definition of imminence. That effort appears to have failed.

The White House then presents five rules which it says must now be followed before a targeted killing can take place:

1) Near certainty that the terrorist target is present;

2) Near certainty that non-combatants will not be injured or killed;

3) An assessment that capture is not feasible at the time of the operation;

4) An assessment that the relevant governmental authorities in the country where action is contemplated cannot or will not effectively address the threat to US persons

5) An assessment that no other reasonable alternatives exist to effectively address the threat to US persons.

‘Non-combatants’

In a key move, national security officials also offer an explanation of how civilians – or ‘non-combatants’ – are being defined in the context of targeted killings outside the battlefield.

‘Non-combatants are individuals who may not be made the object of attack under applicable international law,’ the document notes.

‘The term “non-combatant” does not include an individual who is part of a belligerent party to an armed conflict, an individual who is taking a direct part in hostilities, or an individual who is targetable in the exercise of national self defense. Males of military age may be non-combatants; it is not the case that all military-aged males in the vicinity of a target are deemed to be combatants.’

That final point – that military-aged males are not automatically classed as combatants in countries such as Pakistan and Yemen, may mark a major sea-change. A story in the New York Times generated huge controversy in 2012 when it reported that the US ‘counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent’.

Non-combatants are individuals who may not be made the object of attack under applicable international law’US Policy Standards and Procedures for the Use of Force in Counterterrorism

The list of rules issued by the White House concludes with an assertion that the US ‘respects’ national sovereignty and international law:

‘Whenever the United States uses force in foreign territories, international legal principles, including respect for sovereignty and the law of armed conflict, impose important constraints on the ability of the United States to act unilaterally – and on the way in which the United States can use force. The United States respects national sovereignty and international law,’ the document notes.

Ben Emmerson QC, the UN investigator currently looking into drone strikes, said he welcomed the Obama administration’s publication of its rule book.

Describing it as ‘a significant step towards increased transparency and accountability,’ he added that ‘it also disposes of a number of myths, including the suggestion that the US is entitled to regard all military-aged males as combatants, and therefore as legitimate targets.’

Background briefingIn advance of President Obama’s major speech, journalists also took part in a background briefing with anonymous senior administration officials on Thursday, which has now been published.

Much of that briefing focused on the proposed closure of Guantanamo, and whether the War on Terror is drawing down. But officials also offered their interpretation of the new targeted killing guidelines.

Claims by some that all US covert drone strikes will pass from the CIA to the Pentagon appear overstated, based on the comments of two officials.

One notes that there is an ‘expressed preference’ for the US military to have the lead in carrying out targeted killings, ‘given their traditional role and given the transparency [that] can be associated with actions by the United States military’. But he added that the US continues to ‘pursue a range of counter-terrorism operations around the world,’ indicating that the CIA might retain a role.

The New York Times has since cited US officials who indicate  that the CIA will not transfer control of drone strikes in Pakistan to the US military until ‘the withdrawal of combat units from Afghanistan at the end of 2014’.

In another exchange with journalists, officials at Thursday’s briefing addressed whether the three US citizens killed in covert drone strikes who had not been intentionally targeted were being classed by the Administration ‘as collateral damage or guilty by association?’

‘There are times when there are individuals who are present at al Qaeda and associated forces facilities, and in that regard they are subject to the lethal action that we take,’ a senior official responded. ‘There are other instances when there are tragic cases of civilian casualties and people that the United States does not in any way intend to target.’

There are times when there are individuals who are present at al Qaeda and associated forces facilities, and in that regard they are subject to the lethal action that we take.’Senior US administration official

Signature strikes

There was further confusion on the question of whether signature strikes have now ended.

An editorial in today’s The New York Times claims that ‘From now on, the Central Intelligence Agency and the military will no longer target individuals or groups of people in countries like Pakistan based merely on the suspicion that their location or actions link them to al Qaeda or other groups allied with the terrorist network.’

Yet when asked, ‘Will signature strikes explicitly be prohibited now?’, an official at the briefing framed his response in the context of the war in Afghanistan, noting the need to ‘take action against forces that are massing to support attacks on our troops and on coalition forces in Afghanistan.’

The official then noted that ‘by the end of 2014, as we wind down the war in Afghanistan, we will not have the same need for force protection and those types of strikes that are designed to protect our forces in Afghanistan. Furthermore, we believe that the core of al Qaeda has been greatly diminished so, therefore, that will reduce the need for unmanned strikes against the core of al Qaeda as well.’

In short, officials appear to be indicating that signature strikes, along with CIA control of strikes inside Pakistan, will remain a reality at least until troops withdraw from Afghanistan next year.

// US Policy Standards and Procedures for the Use of Force in Counterterrorism Operations Outside the United States and Areas of Active Hostilities (PDF)  US Policy Standards and Procedures for the Use of Force in Counterterrorism Operations Outside the United States and Areas of Active Hostilities (Text)

 Barack Obama at a recent meeting of the National Security Council. (Pete Souza/ White House)

Barack Obama has made it clear that the US will continue with its controversial targeted killing programme.

In a major speech the US president also announced that he has signed into force a new – and secret – rule book for lethal action that provides ‘clear guidelines, oversight and accountability’ for covert drone strikes.

Counter-terrorism officials indicated that control of covert drone strikes will progressively pass from the Central Intelligence Agency to the Pentagon.

The rules will also ‘impose the same standard for strikes on foreign enemies now used only for American citizens deemed to be terrorists’.

Related story – White House briefings lay out new drone rulebook – but questions remain

There was some dispute about whether the Presidential Policy Guidance would prevent much-criticised attacks on groups of men based on their patterns of behaviour – so-called ‘signature strikes.’ The New York Times insisted that this was the case. But other major US media were more cautious.

Impassioned defenceSpeaking for an hour in front of an invited audience at the National Defense University in Washington DC, Obama made an impassioned defence of the US targeted killing programme, insisting that it was both effective and legal. But he admitted that this may not be enough:

‘To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance.  For the same human progress that gives us the technology to strike half a world away also demands the discipline to constrain that power — or risk abusing it,’ he said.

He addressed head-on controversies surrounding civilian casualties. Acknowledging that there was a ‘wide gap’ between US and non-governmental assessments, he bluntly conceded that civilians have died in US strikes. Obama said that for himself and ‘those in my chain of command, these deaths will haunt us as long as we live’.

He declared: ‘before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.’

But he also insisted that civilian deaths were sometimes a necessary risk. ‘As Commander-in-Chief, I must weigh these heartbreaking tragedies against the alternatives. To do nothing in the face of terrorist networks would invite far more civilian casualties – not just in our cities at home and facilities abroad, but also in the very places –like Sana’a and Kabul and Mogadishu – where terrorists seek a foothold.’

These deaths will haunt us as long as we live.’President Obama

Bureau estimates indicate that since 2002, at least 2,800 people have died in 420 covert drone strikes in Pakistan, Yemen and Somalia. Of those killed, more than 400 are likely to have been civilians.

Obama has so far carried out seven times more covert drone strikes than his predecessor, George W Bush. However, the number of reported strikes has declined steeply over the past year, along with reported civilian casualties.

‘Boots on the ground’

Insisting that his administration had ‘a strong preference for the detention and prosecution of terrorists’, Obama said there were occasions when only lethal drone strikes would suffice.

At times ‘putting US boots on the ground may trigger a major international crisis’ and inflame local civilian populations, he said. Suspects may also ‘hide in caves and walled compounds’ in areas where there was little or no governance.

But he acknowledged that the use of drones was not without constitutional risk: ‘The very precision of drones strikes, and the necessary secrecy involved in such actions can end up shielding our government from the public scrutiny that a troop deployment invites. It can also lead a President and his team to view drone strikes as a cure-all for terrorism.’

Before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.President Obama

President Obama announced that he would work with Congress towards greater oversight of the targeted killing campaign. And he said he would be seeking to ‘refine, and ultimately repeal’ the Authorization to Use Military Force (AUMF) passed by Congress in 2001, which the US asserts is the legal bedrock for its covert drone campaign.

Unlocking GuantanamoThe president also used the speech to challenge Congress to aid him in closing the detention facilities at Guantanamo Bay, calling on members to end the ban on detainee transfers to prisons on the US mainland. ‘I know the politics are hard. But history will cast a harsh judgment on this aspect of our fight against terrorism, and those of us who fail to end it,’ he said, adding that nobody had ever escaped a US supermax jail.

Obama announced the end of a moratorium on transferring detainees to Yemen: instead, transfers will be examined on a case-by-case basis. At least 84 current Guantanamo inmates are Yemeni.

The speech was repeatedly interrupted at one point by Code Pink protester Medea Benjamin. Obama was forced to pause and wait three times for Benjamin to finish comments including references to the death of Anwar al-Awlaki’s 16-year-old son in a drone strike in Yemen. As Benjamin was escorted out, he recovered his poise – joking that he was being forced to depart from his script, but saying she raised ‘tough issues’.

Obama administration admits killing four US citizens 

In a related move, US attorney general Eric Holder released a letter on Wednesday evening admitting that four US citizens had been killed in US drone strikes since 2009. The Bureau’s own data suggests that  seven or more US citizens have been killed in US drone strikes since 2002.

One of those named by the attorney general – Jude Kenan Mohammed – was until now only rumoured to have been killed. The New York Times reports that Mohammed died in a CIA attack in South Waziristan, Pakistan on November 16 2011.

According to an open US indictment dated September 2009, Mohammed ‘departed the United States to travel to Pakistan to engage in violent jihad’. He was also accused of engaging in ‘planning and perpetrating a Federal crime of terrorism against the United States, citizens and residents of the United States, and their property.’

The other three US citizens named by Holder were radical cleric Anwar al-Awlaki and his 16 year old son Abdalrahman al-Awalaki; and Samir Khan, a propagandist for Al Qaeda in the Arabian Peninsula – all killed in Yemen in autumn 2011. According to the attorney general, only Anwar al Awlaki was ‘specifically targeted by the United States’.

In his speech, Obama insisted that it was right to target and kill Anwar al-Awlaki, stating that the citizenship of such an alleged threat ‘should no more serve as a shield than a sniper shooting down on an innocent crowd should be protected from a Swat team.’

At least three additional US citizens have been killed in US drone attacks. In the first ever drone strike outside a battlefield, US citizen Kamal Darwish was among six men killed by the CIA in Yemen in 2002. The Bush administration insisted at the time that the intended targets were alleged al Qaeda suspects accompanying Darwish in the vehicle.

And veteran Washington reporter Bob Woodward has revealed that on November 7 2008, ‘many Westerners, including some US passport holders’ died in an attack near Miranshah in North Waziristan.

As Woodward noted in his book Obama’s Wars, in a subsequent meeting with Pakistan’s President Zardari ‘The CIA would not reveal the particulars due to the implications under American law. A top secret CIA map detailing the attacks had been given to the Pakistanis. Missing from it was the alarming fact about the American deaths … The CIA was not going to elaborate.’

Addressing the fact that three of the four US citizens named by Holder were not the intended targets, New York University law professor Sarah Knuckey told the Bureau: ‘Does it mean that the three were killed as intentional but lawful collateral damage in a strike on some other legitimate target? Or that they were accidental collateral? Or does it mean that they were killed in signature strikes?  We just don’t know what it is intended to mean. In a letter that touts throughout the government’s commitment to transparency and “unprecedented disclosure”, the government has introduced new vague language, and thus new concerns about its targeting policies and practices.’

This article was amended on May 24 to take note of ambiguities regarding the possible abandonment of ‘signature strikes.’

Are Congressional oversight bodies really doing their ‘utmost’? (Photo L’ennnui/ Flickr)

Claims by a powerful Senate oversight committee that it is doing its ‘utmost’ to verify claims of civilian casualties from covert US drone strikes have been undermined by the discovery that it has made no contact with any group conducting field studies into civilian deaths in Pakistan.

On February 7 the CIA’s director-designate John Brennan was questioned by members of the Senate Select Committee on Intelligence.

In her opening remarks, chair Dianne Feinstein insisted that civilian deaths from US covert strikes ‘each year has typically been in the single digits’.

Feinstein also said that ‘for the past several years, this committee has done significant oversight of the government’s conduct of targeted strikes’ and had done its ‘utmost to confirm’ civilian casualty data provided by the executive branch.

However, the Bureau can find no indication that either the House or Senate intelligence committees have sought evidence from beyond the US intelligence community, when following up claims of civilian deaths.

While public estimates of civilian deaths vary, all monitoring groups report higher than ‘single digit’ fatalities for most years. The Bureau presently estimates that at least 411 civilians have been killed by the CIA in Pakistan since 2004, for example.

‘Never contacted’

Professor Sarah Knuckey, who co-led the recent field investigation by New York and Stanford universities into the Pakistan strikes, confirmed that her team has never been contacted by any US government official, or Congressional oversight committee member or aide.

‘US officials have stated that they have done their utmost to verify civilian casualty numbers, and that they investigate and take seriously reports of civilian harm. These public commitments are welcome,’ Knuckey told the Bureau.

‘But if the commitments are serious, why haven’t officials followed up with the organizations and journalists who investigated strikes and collected information relevant to determining any civilian harm?’

Those concerns were echoed by Sarah Holewinski, executive director of the Center for Civilians in Conflict. Thirty months after it issued its ground-breaking report into civilian deaths, Holewinski said this week that ‘we have never been contacted by Administration officials about our research and analysis on the covert drone program.’

Why haven’t officials followed up with the organizations and journalists who investigated strikes and collected information relevant to determining any civilian harm?Professor Sarah Knuckey, New York University

‘I give him further details of some other strikes that killed civilians, and without looking at what I was giving him Hoagland insisted that he checked the figure that morning and it was still in single digits,’ said Akhbar.

Associated Press, which interviewed more than 80 civilian eyewitnesses in the tribal areas for a major report in early 2012, confirmed that no US officials had ever sought follow -up.

The Bureau’s managing editor Christopher Hird also noted that ‘We have always been happy to share and discuss our findings with others researching this subject, but in the two years of our work we have never heard from either of these committees, or their staff.”

Secure RoomBoth the House of Representatives and the Senate have committees tasked with overseeing the vast US intelligence community – including the CIA, which carries out the majority of covert drone strikes.

Most oversight is carried out in secret. However, some details have recently emerged of how the two committees seek to hold the CIA to account on the drone programme.

Senator Feinstein first revealed the process in a letter to the Los Angeles Times in May 2012.

She implied that monthly oversight had begun in January 2010, a year after Obama took office, noting that her committee ‘receive notification with key details shortly after every strike’. She added that her staff  ‘has held 28 monthly in-depth oversight meetings to review strike records and question every aspect of the program including legality, effectiveness, precision, foreign policy implications and the care taken to minimize noncombatant casualties.’

Most oversight is carried out in secret. However, some details have recently emerged of how the two committees seek to hold the CIA to account on the drone programme.

more details

According to a Los Angeles Times report on the process, oversight committee staffers gathered in a secure room at CIA headquarters ‘also sometimes examine telephone intercepts and after-the-fact evidence, such as the CIA’s assessment of who was hit.’

One senior staffer told the paper: ‘I don’t know that we’ve ever seen anything that we thought was inappropriate.’

‘Blind faith’

Sarah Holewinski of the Center for Civilians in Conflict is now urging the Congressional oversight committees to be far more pro-active in their approach – and far less dependent solely on the word of the CIA.

She noted that unlike in Afghanistan, investigations into reported civilian deaths in US covert drone operations ‘are limited to overhead surveillance, not collecting witness statements and digging in the dirt for evidence of what happened or who exactly was killed.’

And Holewinski pointed to the risk of reliance on the Agency’s own definitions of those it is killing which may not accord with international law. Noting the CIA’s use of so-called signature strikes against alleged militants, whose identity is unknown and who appear to fit certain patterns of behaviour, Holewinski told the Bureau: ‘There’s every reason to want to believe claims of such low civilian casualties caused by drone strikes.’

‘But given obstacles to knowing precisely who was killed on the ground and without real evidence to back up the claims, to believe officials’ claims would be an act of blind faith that isn’t fair to the civilians suffering losses.’

At the time of writing, Senator Feinstein’s office had not responded to requests for comment. 

Follow Chris Woods on Twitter.

Obama’s CIA choice. But Brennan civilian death claims raise issues. (White House/ Pete Souza)

Claims by the Central Intelligence Agency’s new director-designate that the US intelligence services received ‘no information’ about any civilians killed by US drones in the year prior to June 2011 do not appear to bear scrutiny.

John Brennan, President Obama’s nominee to take over the CIA, had claimed in a major speech in summer 2011 that there had not been ‘a single collateral death’ in a covert US strike in the past year due to the precision of drones. He later qualified his statement, saying that at the time of his comments he had ‘no information’ to the contrary.

Related article: US claims of ‘no civilian deaths’ are untrue

Yet just three months beforehand, a major US drone strike had killed 42 Pakistanis, most of them civilians. As well as being widely reported by the media at the time, Islamabad’s concerns regarding those deaths were also directly conveyed to the ‘highest levels of the Administration’ by Washington’s then-ambassador to Pakistan, it has been confirmed to the Bureau.

This confirmation suggests that senior US officials were aware of dozens of civilian deaths just weeks before Brennan’s claims to the contrary.

Jirga deaths

The CIA drone strike in Pakistan on March 17, which bombed the town of Datta Khel in North Waziristan and killed an estimated 42 people, has always seemed a contradiction of Brennan’s official statement.

The attack was later justified by an anonymous US official as a so-called ‘signature strike’ where the identities of those killed was unknown. They insisted that ‘a large group of heavily armed men, some of whom were clearly connected to al Qaeda and all of whom acted in a manner consistent with AQ-linked militants, were killed.’

In fact the gathering was a jirga, or tribal meeting, called to resolve a local mining dispute. Dozens of tribal elders and local policemen died, along with a small number of Taliban.

Within hours of the attack Pakistan’s prime minister and army chief publicly condemned the mass killing of dozens of civilians. Pakistan’s president also later protested about the strike to a visiting delegation from the US House Armed Services Committee, led by Congressman Rob Wittman.

An official Pakistani government document issued at the time reports that Washington’s then-ambassador Cameron Munter was summoned to the Foreign Ministry in Islamabad on March 18 for a dressing-down.

A strongly worded statement reported that ‘Ambassador Munter was categorically conveyed that such strikes were not only “unacceptable” but also constituted “a flagrant violation of humanitarian norms and law”.’

Munter also intended ‘to convey Pakistan’s message to the US Administration at the highest levels,’ the Foreign Ministry press release claimed.

While some challenge Pakistan’s portrayal of some aspects of the meeting, it is not disputed that the Ambassador did indeed convey Pakistan’s concerns to the highest levels in the US government.

‘Not a single collateral death’

Yet three months after the Datta Khel strike, John Brennan would insist that covert US drone strikes were so accurate that they were no longer killing civilians, and had not done so for the previous 12 months.

He told an audience on June 29 that ‘I can say that the types of operations… that the US has been involved in, in the counter-terrorism realm, that nearly for the past year there hasn’t been a single collateral death because of the exceptional proficiency, precision of the capabilities that we’ve been able to develop.’

It is not disputed that the Ambassador did indeed convey Pakistan’s concerns to the highest levels in the US government.

The Datta Khel attack was not the only time that civilians had died in the period referred to by Brennan. Working with veteran Pakistani reporter Rahimullah Yusufzai and field researchers in the tribal areas, the Bureau identified and published details of 45 civilians known at the time to have been killed by CIA drones in ten strikes between August 2010 and June 2011, the date of Brennan’s speech. Many of those killed had died at Datta Khel.

The Bureau presented a summary of its findings to the White House and to John Brennan’s office in July 2011. Both declined to comment.

Nine months later, George Stephanopoulos of ABC News challenged Brennan on his original claims.

‘Do you stand by the statement you have made in the past that, as effective as they have been, [drones] have not killed a single civilian?’  the interviewer asked. ‘That seems hard to believe.’

Brennan was robust, insisting that ‘what I said was that over a period of time before my public remarks that we had no information about a single civilian, a noncombatant being killed.’

Military-aged malesA later report in the New York Times provided a possible explanation for Brennan’s robustness. The paper revealed that Washington ‘counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.’

Since all of the civilians killed at Datta Khel were adult males, officials may simply have discounted their deaths. There are no indications that the CIA has amended its records since.

Do you stand by the statement you have made in the past that, as effective as they have been, [drones] have not killed a single civilian?’  the interviewer asked. ‘That seems hard to believe.’

The Bureau has now raised its estimate of the number of civilians killed in the period Brennan claimed none had died to 76, including eight children and two women. The new figures are based in part on our own research and on studies by Associated Press and Stanford and New York universities.

John Brennan, 57, is Barack Obama’s first choice as the new director of the CIA. As the president’s chief counter-terrorism adviser he helped to bring Yemen’s Arab Spring to a reasonably peaceful conclusion. And he also played a key role in the killings of Osama bin Laden, Anwar al-Awlaqi and a host of other senior militant leaders.

Brennan also spearheaded a massive expansion of US drone strikes in Pakistan, Yemen and Somalia.

The American Civil Liberties Union urged caution in appointing him as CIA chief. Calling on the Senate to investigate any recent involvement by John Brennan or the CIA in ‘torture, abuse, secret prisons, and extraordinary rendition,’ the ACLU’s Laura Murphy also urged an end to the CIA’s ‘targeted killing program.’

Mr Brennan’s office did not respond when asked to confirm whether he had been directly informed of the Pakistan government’s concerns over civilian deaths back in March 2011.

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Predator drones increasingly a museum piece thanks to more lethal models (Justinpickard/ Flickr)

The Central Intelligence Agency (CIA) usually gets all the credit for the first US drone targeted killing beyond the conventional battlefield.

But it was the military which gave the final go-ahead to kill on November 3 2002.

Lt General Michael DeLong was at Centcom headquarters in Tampa, Florida when news came in that the CIA had found its target. The deputy commander made his way down to the UAV Room, showing live video feeds from a CIA Predator high above Marib province in Yemen.

The armed drone was tracking an SUV on the move. The six terrorist suspects inside were unaware that a decision had already been made to kill them.

Interviewed by PBS, DeLong later recalled speaking by phone with CIA Director George Tenet as he watched the video wall:

‘Tenet goes “You going to make the call?” And I said, “I’ll make the call.”  He says, “This SUV over here is the one that has Ali in it.”  I said, “OK, fine.” You know, “Shoot him.” They lined it up and shot it.’

Eight thousand miles away and moments later, six alleged terrorists were dead. Among them was a US citizen.

‘Orchestrator’ killedThe media carried detailed accounts of the ‘secret’ attack within days. Yemen’s government, which had co-operated on the strike, also released the names of the six men killed, including that of US citizen Kemal Darwish.

Concerns he had been deliberately targeted were dismissed, as it was reported the intended CIA target was Qa’id Salim Sinan al-Harithi, al Qaeda’s ‘orchestrator’ of the lethal attack on the USS Cole.

As the New York Times noted at the time, ‘Mr. Harethi was not on the FBI’s list of the 22-most-wanted terrorist fugitives in the world,’ and added that ‘although investigators wanted to question Mr. Harethi about the Cole bombing, the CIA did not consult law enforcement officials before the Yemeni operation.’

A secret US cable, dated a fortnight prior to the strike, also shows that Yemen’s government had already incarcerated more than a dozen men wanted in connection with the Cole bombing. At least one of them, Fahd al Quso, was killed in a subsequent US drone strike.

Although investigators wanted to question Mr. Harethi about the Cole bombing, the CIA did not consult law enforcement officials before the Yemeni operation’

New York Times, November 2002

six weeks beforehand

massive worldwide manhunt

Questions remain about how much the CIA and Centcom actually knew about the presence of a US citizen that day.

When assistant US defense secretary Paul Wolfowitz openly discussed the strike with CNN on November 5, he noted only that a ‘successful tactical operation [has] gotten rid of somebody dangerous.’ It would be many years before senior officials would again openly acknowledge the covert drones project.

No inevitabilityThe way had been cleared for the November 2002 killings months earlier, when President Bush lifted a 25-year ban on US assassinations just after 9/11.

He later wrote that ‘George [Tenet] proposed that I grant broader authority for covert actions, including permission for the CIA to kill or capture al Qaeda operatives without asking for my sign-off each time. I decided to grant the request.’

Since then, under both Bush and Obama, the US has carried out targeted killings (or extrajudicial executions according to UN experts) using  conventional aircraft and helicopter strikes; cruise missiles; and even naval bombardments.

Yet the drone remains the US’s preferred method of killing. The Bureau has identified a minimum of 2,800 (and as many as 4,100) killed in covert US drone strikes over the past ten years. What began as an occasional tactic has, over time, morphed into an industrialised killing process.

Every confirmed US drone strike in Pakistan, Yemen and Somalia recorded 2002-2012.

There was no inevitability to this when the strikes began. Time magazine opined in 2002 that covert drone attacks were ‘unlikely to become a norm.’ And in the early years of the programme this was true. The next covert drone strike took place in Pakistan in June 2004, followed by a further strike 11 months later.

Yet slowly, surely, the United States has come to depend on its drone killing programme. By Obama’s presidency drone use against alleged militants was sometimes daily. Six times more covert strikes have hit Pakistan under Barack Obama than under George W Bush. And as the Bureau’s work shows, when known strikes in Yemen, Somalia and Pakistan are added together, they reveal a growing dependence upon covert drone killings.

Recent reports show that the US is now formalising the drone killing project. Some insiders talk of a decade or more of killing to come, with Mitt Romney noting that he would continue the policy if elected.

In Washington at least, a decade of targeted killings of alleged terror suspects appears to have normalised the process.

Follow chrisjwoods on Twitter.

Prime Minister Cameron and President Obama at the White House. (Photo: UK Government)

David Cameron has called for those carrying out covert drone strikes ‘to act in accordance with international law’ and to take ‘all feasible precautions to avoid civilian casualties.’

However the British prime minister has carefully avoided any direct criticism of the US, Britain’s closest military ally.

Cameron’s comments feature in a letter to David Mepham, UK director of Human Rights Watch, dated August 29 and just released.

Mepham had previously urged Cameron to explain ‘your government’s position on the Obama administration’s policy and practice of targeted killings.’ He asked the prime minister:

Do you agree that their approach is legal and appropriate? … If you disagree with US administration policy on targeted killings, have you or will you be raising your concerns with President Obama and others in the administration?

Perhaps most sensitively, Mepham had called on Cameron to ‘clarify your government’s policy on the sharing of intelligence with the US on terrorism suspects, which might then be used to carry out drone attacks?’

High Court case

That last question is a potential tinderbox for the British government. An ongoing High Court case alleges that UK security services have provided intelligence to the United States which has been used in targeted killings in Pakistan and elsewhere.  Such killings – by drone or otherwise – are understood to be illegal under British and European law.

Earlier this week the UK’s former Director of Public Prosecutions (Lord) Ken MacDonald told the London Times that ‘the evidence is pretty compelling that we are providing that kind of information to the Americans.’

The Times also reported claims that UK intelligence is often pooled with that of other countries and held on a common database, possibly allowing the UK government to claim that it had no control over how such information was used.

After the deaths of a number of its own citizens at the hands of the CIA, Germany’s intelligence services halted the sharing of information with US spy agencies if that data might be used in a drone strike. The UK operates no such policy.

Chris Cole, a critic of drone militarization who runs the website Drone Wars UK, told the Bureau: ‘The British government’s argument appears to be that it is not responsible for what is done with its intelligence once shared with the US. That’s like handing bullets to an armed robber whose gun is empty, but denying you’re responsible for what happens.’

In his letter David Cameron refused to say whether US and UK intelligence services have co-operated in covert drone killings, saying only that ‘as I am sure you will understand our long-standing position is that we do not comment on intelligence matters.’

‘All feasible precautions’

The prime minister also refused to be drawn into criticising the US, Britain’s closest military and political ally. Instead Cameron noted that ‘the UK government’s position is that the use of unmanned aerial vehicles (UAVs) against terrorist targets is a matter for the States involved.’

The prime minister did note, however, that the British government ‘expect all concerned to act in accordance with international law including taking all feasible precautions to avoid civilian casualties when conducting military operations.’

Research by the Bureau has consistently shown that US claims of ‘zero civilian casualties’ in Pakistan are untrue. Although reported deaths of women and children have declined sharply since August 2010, any civilian males killed by the CIA in the tribal areas are considered to be terrorists, according to a New York Times investigation.

Bureau monitoring of US civilian casualty estimates supports this claim, indicating that no military aged males (aged 18-65) are being reclassified as civilian by the CIA, even when their non-combatant status is posthumously revealed.

Tom Watson MP told the Bureau that it was ‘simply not acceptable’ that Cameron had failed to clarify the UK’s position on targeted killing by drone strike, as Human Rights Watch had called for.

The senior Labour backbencher added that ‘considering the UK’s domestic and international human rights commitments, one would have expected the government to confirm the illegality of the use of such methods and approaches outside the conventional battlefield.’

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President Obama takes a phone call aboard Air Force One, July 2012 (Photo Official White House/ Pete Souza)

In his most comprehensive public comments yet on the US covert drone war, President Barack Obama has laid out the five rules he says the United States uses to target and kill alleged terrorists – including US citizens.

The president has also warned of the need to avoid a ‘slippery slope’ when fighting terrorism, ‘in which you end up bending rules, thinking that the ends always justify the means.’

Obama’s comments were made in an on-camera interview with CNN’s chief White House correspondent Jessica Yellin. Only once before has the president publicly discussed the US covert drone policy, when he spoke briefly about strikes in Pakistan’s tribal areas.

Now Obama says there are five rules that need to be followed in covert US drone attacks. In his own words:

1   ‘It has to be a target that is authorised by our laws.’

2   ‘It has to be a threat that is serious and not speculative.’

3   ‘It has to be a situation in which we can’t capture the individual before they move forward on some sort of operational plot against the United States.’

4   ‘We’ve got to make sure that in whatever operations we conduct, we are very careful about avoiding civilian casualties.’

5   ‘That while there is a legal justification for us to try and stop [American citizens] from carrying out plots… they are subject to the protections of the constitution and due process.’

‘Misreporting’

Obama twice referred to what he claims has been ‘misreporting’ by the media of his drones policy.

Apparently responding to recent allegations that his administration prefers to kill rather than capture suspects, the president said that ‘our preference has always been to capture when we can because we can gather intelligence’ but that it’s sometimes ‘very difficult to capture them.’

CNN’s Yellin did not bring up the issue of civilian casualties – despite CNN itself reporting multiple civilian deaths in a suspected Yemen drone strike just hours earlier. However Obama insisted that ‘we are very careful about avoiding civilian casualties, and in fact there are a whole bunch of situations where we will not engage in operations if we think there’s going to be civilian casualties involved.’

Obama also took on the contentious targeted killing of US citizens – the subject of a number of high profile legal cases. Insisting that there was ‘legal justification’ for such killings, the president conceded that ‘as an American citizen, they are subject to the protections of the constitution and due process.’

The US Department of Justice (DoJ) is presently trying to block publication of administration legal opinions which allegedly provided the justification for the killing of US citizen Anwar al Awlaki and others.

In a recent court submission the DoJ insisted that Obama’s January comments on the covert drone war could not be taken as an admission that it was taking place: ‘Plaintiffs speculate that the president must have been speaking about CIA involvement in lethal operations…. This is insufficient to support a claim of official disclosure.’

With Obama now publicly laying out the ground rules for the covert drone war, the DoJ’s position appears further damaged.

‘Slippery slope’

The president also discussed in some detail his moral concerns regarding the campaign, admitting that he ‘struggle[s] with issues of war and peace and fighting terrorism.’

Our preference has always been to capture when we can because we can gather intelligence.’

US President Barack Obama

He said that he and his national security team needed to ‘continually ask questions about “Are we doing the right thing? Are we abiding by the rule of law? Are we abiding by due process?”‘

If that failed to happen, the president warned, there was the risk of a ‘slippery slope… in which you end up bending rules, thinking that the ends always justify the means.’

The continuing deaths of civilians – and CIA tactics such as the deliberate targeting of rescuers – have led some to argue that the US is already bending or even breaking those rules.

Full transcript of President Obama’s comments to CNN

Jessica Yellin: On April 30 your homeland security adviser John Brennan acknowledged for the first time that the US uses armed drones to attack terrorists. My question to you is, do you personally decide who is targeted and what are your criteria if you do for the use of lethal force?

Obama: I’ve got to be careful here. There are classified issues, and a lot of what you read in the press that purports to be accurate isn’t always accurate. What is absolutely true is that my first job, my most sacred duty as president and commander in chief, is to keep the American people safe. And what that means is we brought a whole bunch of tools to bear to go after al Qaeda and those who would attack Americans.

Drones are one tool that we use, and our criteria for using them is very tight and very strict. It has to be a target that is authorised by our laws; that has to be a threat that is serious and not speculative.

It has to be a situation in which we can’t capture the individual before they move forward on some sort of operational plot against the United States. And this is an example of where I think there has been some misreporting. Our preference has always been to capture when we can because we can gather intelligence. But a lot of terrorist networks that target the United States, the most dangerous ones operate in very remote regions and it’s very difficult to capture them.

And we’ve got to make sure that in whatever operations we conduct, we are very careful about avoiding civilian casualties, and in fact there are a whole bunch of situations where we will not engage in operations if we think there’s going to be civilian casualties involved.

So we have an extensive process with a lot of checks, a lot of eyes looking at it. Obviously as president I’m ultimately responsible for decisions that are made by the administration. But I think what the American people need to know is the seriousness with which we take both the responsibility to keep them safe, but also the seriousness with which we take the need for us to abide by our traditions of rule of law and due process.

Yellin: Sir, do you personally approve the targets?

Obama: You know, I can’t get too deeply into how these things work, but as I said as commander in chief ultimately I’m responsible for the process that we’ve set up to make sure that folks who are out to kill Americans, that we are able to disable them before they carry out their plans.

Yellin: Are the standards different when the target is an American?

Obama: I think there’s no doubt that when an American has made the decision to affiliate himself with al Qaeda and target fellow Americans, that there is a legal justification for us to try and stop them from carrying out plots. What is also true though is that as an American citizen, they are subject to the protections of the constitution and due process.

Yellin: Finally on this topic even Brennan said that some governments struggle with this. Do you struggle with this policy?

Obama: Absolutely. Look, I think that – A president who doesn’t struggle with issues of war and peace and fighting terrorism, and the difficulties of dealing with an opponent who has no rules, that’s something that you have to struggle with. Because if you don’t it’s very easy to slip into a situation in which you end up bending rules, thinking that the ends always justify the means. And that’s not been our tradition, that’s not who we are as a country.

Our most powerful tool over the long term to reduce the terrorist threat is to live up to our values and to be able to shape public opinion not just here but around the world, that senseless violence is not a way to resolve political differences.

And so it’s very important for the president and the entire culture of our national security team to continually ask questions about ‘Are we doing the right thing? Are we abiding by the rule of law? Are we abiding by due process?’ And then set up structures and institutional checks so that you avoid any kind of slippery slope into a place where we’re not being true to who we are.

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