The United Nation\u2019s Human Rights Council in Geneva (UNHRC\/ Flickr)<\/em><\/p>\n

The UN\u2019s expert on extrajudicial killings has described a tactic used by the CIA and first exposed by a Bureau investigation as \u2018a war crime\u2019.<\/p>\n

Earlier this year\u00a0the Bureau and the Sunday Times revealed the CIA was\u00a0deliberately targeting rescuers<\/a>\u00a0and funeral-goers in its Pakistan drone strikes. Those controversial tactics have reportedly\u00a0been revived<\/a>.<\/p>\n

Christof\u00a0Heyns, the UN special rapporteur,\u00a0told a meeting in Geneva on June 21:\u00a0\u2018Reference should be made to a study earlier this year by the Bureau of Investigative Journalism\u2026 If civilian \u2018rescuers\u2019 are indeed being intentionally targeted, there is no doubt about the law: those strikes are a war crime.\u2019<\/p>\n

Related article:\u00a0Obama terror drones \u2013 CIA tactics in Pakistan include targeting rescuers and funerals<\/a><\/strong><\/p>\n

Heyns\u2019 forthright comments were made at an American Civil Liberties Union (ACLU) event, linked to a UN debate into the US covert war on terror.<\/p>\n

Ambassador Zamir Akram, Pakistan\u2019s permanent representative to the UN in Geneva told the Bureau \u2018we fully agree with what has been said by Mr Heyns.\u2019 Ambassador Akram called on the US \u2018to respect the growing international opinion\u2019 that the use of drones \u2018not only violates our sovereignty but also violates the UN charter in our view and also international law.\u2019<\/p>\n

Reference should be made to a study earlier this year by the Bureau of Investigative Journalism\u2026 If civilian \u2018rescuers\u2019 are indeed being intentionally targeted, there is no doubt about the law: those strikes are a war crime.<\/strong><\/em>
Christof Heyns<\/strong>,\u00a0UN special rapporteur\u00a0<\/strong><\/p>\n

Unsatisfactory response<\/strong><\/p>\n

In a separate presentation to the Council, Heyns, said that he was hopeful\u00a0that the US would reveal the procedures, rules and legal opinions underlying its controversial use of drones. He also noted that the US government did not give his predecessor a satisfactory response when asked to clarify which aspects of international law it believes covers targeted killings.<\/p>\n

But after a two-day Council debate, Heyns said the US had not been forthcoming: \u2018I don\u2019t think we have the full answer to the legal framework,\u2019 he said. \u2018We certainly don\u2019t have the answer to the accountability issues.\u2019<\/p>\n

A number of other Geneva delegates also expressed concern about targeted killings. Swiss UNHRC representative<\/a> Dante Martinelli addressed the Council and called for transparent reporting of casualties from targeted killing operations which \u2019cause many victims among the civilian population.\u2019 Because of the cost to civilians, Switzerland called for \u2018respect for the rules of international law.\u2019<\/p>\n

Outside the Council\u2019s purview
<\/strong>The United States responded<\/a> to Heyns\u2019 report by saying the question of targeted killings of al Qaeda members and their allies was \u2018broader than the issues in the purview of this Council,\u2019 and that\u00a0\u2018questions about the US legal and policy framework for use of force against al Qaeda and associated forces have been addressed by senior US officials in a number of recent public statements.\u2019<\/p>\n

<\/a>In those public statements senior White House officials, including presidential adviser John Brennan, argued that because the US is in a worldwide, armed conflict with al Qaeda and its allies, strikes are governed by the laws of armed conflict. Targeted killings are therefore legal and can be carried out in self defense.<\/p>\n

Heyns later told the Bureau that his key concern, however, is whether the US is now setting a dangerous precedent. \u2018The spectre that haunts the whole thing is that eventually everyone thinks they can use force in this way.\u2019<\/p>\n

Hina Shamsi, national security director of the ACLU and at the UN debate, shares Heyns\u2019 concern:\u00a0\u2018The authority the government asserts today could be used tomorrow by nations with far less respect for the right for life.\u2019<\/p>\n

The ACLU insists that the US is not applying the laws of war or human rights law to its targeted killing policy. Instead \u2018the United States has cobbled together its own legal framework for targeted killing, with standards that are far less stringent than the law allows,\u2019 says Shamsi.<\/p>\n

The authority the government asserts today could be used tomorrow by nations with far less respect for the right for life.\u2019
<\/strong><\/em>Hina Shamsi, ACLU\u00a0<\/strong><\/p>\n

Jonathan Eyal of the Royal United Services Institute (RUSI) says the US\u2019s \u2018rather shop worn\u2019 legal and ethical justification for its covert drone strikes are symptomatic of a hardening of Washington\u2019s position on the issue of targeted killings.<\/p>\n

Eyal believe that this stems both from not wanting to appear weak in the fight against al Qaeda in an election year, and because of the complexities of arresting and trying suspects.\u00a0\u2018I don\u2019t think there is any temptation within the United States for anyone to admit that these practices are illegal or at least to say that they will cease in the future,\u2019 he added.<\/p>\n

Professor Philip Alston, the former special rapporteur on extrajudicial killings told the Bureau: \u2018there has been a huge reluctance to criticise policies of the Obama administration\u2019 by America\u2019s allies.<\/p>\n

\u2018Instead, most states are remaining relatively silent in the face of the evolution of US policies that are entirely inconsistent with international law and deeply problematic from a human rights and international law perspective.\u2019<\/p>\n

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