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The ethics and legal aspects of drone warfare

VCheng

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I thought this is a good editorial on the ethics and legal aspects of drone warfare.

from: The ethics of warfare: Drones and the man | The Economist

The ethics of warfare
Drones and the man
Although it raises difficult questions, the use of drones does not contravene the rules of war

Jul 30th 2011 | from the print edition

THE use of Unmanned Aerial Systems, as the armed forces prefer to call them, is growing. Drones have become today’s weapon of choice in counter-terrorism. And over the next 40 years or so, they are expected largely to replace piloted aircraft. In nine years the Pentagon has increased its drone fleet 13-fold and the generals are spending at least $5 billion a year adding to it. The frequency of drone strikes on al-Qaeda and other terrorists that lurk in Pakistan’s Federally Administered Tribal Areas (FATA) has risen under Barack Obama to one every four days, compared with one every 40 during George Bush’s presidency. In Libya NATO commanders turned to drones when their fast jets failed to find and hit Muammar Qaddafi’s mobile rocket launchers.

Not everyone feels comfortable with all this. Critics say that the legal and ethical issues surrounding the use of drones have been neglected. Some of those concerns may be exaggerated, but others need to be taken seriously, particularly if, as seems certain, armies will increasingly fight with machines, not men.

There are good reasons for using more drones. Cruise missiles and jet fighters work against fixed targets, concentrations of forces or heavy weapons on open ground. They are not as useful, however, in today’s “wars among the people” fought against insurgents and terrorists. Drones such as the Predator and the Reaper can loiter, maintaining what one former CIA director described as an “unblinking stare” over a chosen area for up to 18 hours. Thanks to the drone’s ability to watch and wait, its “pilot”, often thousands of miles away, can patiently choose the best moment to fire its missiles, both increasing the chances of success and minimising the harm to civilians.

That makes the drone the ideal weapon for tracking down and killing terrorists, particularly in places like the FATA where other options, such as sending in special forces, are not politically feasible. Claims in Pakistan that American drone attacks have killed thousands of civilians are undermined by research carried out at the New America Foundation, a think-tank, suggesting that in the seven years since 2004, 80% of the fatalities have been militants and that last year (thanks in part to intelligence provided by the Pakistanis themselves) fully 95% of them were. The increasing accuracy of these attacks and the evidence that they have helped to weaken al-Qaeda encourage some to believe (not least in the White House) that counter-terrorist campaigns in the future can be waged without the sacrifice of blood and treasure that goes with putting thousands of boots on the ground.

Before that happens, America must square up to some of those ticklish legal and moral questions that drones raise. The United States is surely right to seek to minimise its own casualties, but if war can be waged by one side without any risk to the life and limb of its combatants, has a vital form of restraint been removed? Is the drone “pilot” who clocks off after a day’s work a legitimate target for those he has been hunting down? If the drones of the future have the intelligence to act autonomously, who is responsible if a vital algorithm fails to distinguish between a tank and a school bus? Drones throw up a tangle of ethical questions. Only open debate will provide the answers; they cannot be assumed by button-pushers.

Yet the more fundamental argument that armed drones somehow breach the laws of war does not, at present, stand up. There are still plenty of human beings in the operational loop—it takes a team of about 180 to run and service a Predator—and it is clear that the responsibility for the decision to fire a missile rests as much with the pilot in a distant command centre as with a pilot in any cockpit. The legal defence for that missile killing people who have not been proven to be terrorists or who have not been allowed the chance to give themselves up is the same too. America must show that the attack is within its right to self-defence and that it is proportionate.

To improve accountability, control of armed drones flying over Pakistan and Yemen should be transferred from the CIA to the armed forces (which operate them in Afghanistan, Iraq and Libya). The CIA can use drones to spy, but when it comes to warfare, it is less accountable than the military chain of command, less used to applying the rules of war and less inclined to pay compensation to the families of innocent civilians who have been killed. The operation of America’s new killing machines must be brought clearly within the law.

from the print edition | Leaders
 
More than questioning of US ethics on drone warfare, one must first be willing to confirm, confront and acknowledge what ethics do states have in using militancy in other countries to achieve the objective that their militaries are supposed to do. Militaries are technically used to target enemy country's militaries and not civilians. But militants don't care. They are outsourced the job to cause "maximum damage" without any other guidelines, thus resulting in the deaths of hundreds of non-combatant, untrained innocent civilians who have done nothing.

If that is justified, then drone attacks are damn sure justified to take out terror cells in isolated regions of Afghan-Pakistan border where common soldiers cannot enter either due to political constraints or due to terrain issues.
 
Let's be honest- THERE ARE NO ETHICS TO BOMBING THE SH!T OUT OF CIVILAINS IN THEIR HOMES!

The US is undertaking a "better you than us" approach to CT ops wherein they would prefer 1000 Pakistanis/Afghans/Yemani etc die than 1 American! Do you know the out roar that is created within the US when one US citizen dies?

It is a (EXTREMELY) selfish policy but given they are the only Superpower (currently) there is little that can be done. Other than Pakistan correcting the issues that has leas to the state of affairs as they are currently and attack the source of the rot in Pakistani society so there is no need for a USAF fighter-pilot in a AC'd booth somewhere in Nevada to push a button and kill someone 1000s of miles away.
 
US claims of ‘no civilian deaths’ are untrue: TBIJ


According to Brennan, Barack Obama himself has ‘insisted’ that US drone strikes are ‘exceptionally surgical and precise’ and ‘do not put… innocent men, women and children in danger’.

Yet a detailed examination by the Bureau of 116 CIA ‘secret’ drone strikes in Pakistan since August 2010 has uncovered at least 10 individual attacks in which 45 or more civilians appear to have died.

The Bureau has identified and can provide the family names for, six children among those killed.​
 
Of 116 strikes 10 appeared to have caused civilian casualties. From a military Not a moral perspective 106 clean srikes would apear to be a high success rate.

May 6 strike gives what seems to be a good example of one of the differences of opinion.

The missiles hit a car near a roadside restaurant and a compound where the militants had been invited for lunch by commanders affiliated with Hafiz Gul Bahadar, the top commander in North Waziristan. He is a close ally of the Haqqani network and Al Qaeda, and has reached a truce with the Pakistani military, though he is involved in fighting against the NATO forces in Afghanistan.

Is Bahadar a civilian because he has a truce with Pakistan or a legitimate target because he is involved in atacks on Nato? I guess which list he is counted in depends on who is doing the counting.
 
Of 116 strikes 10 appeared to have caused civilian casualties. From a military Not a moral perspective 106 clean srikes would apear to be a high success rate.
'At least' 10 strikes.

'At least 15 additional strikes warrant urgent investigation, with many more civilian deaths possible.'​

The lack of access to the area makes confirmation pretty hard - the 10 strikes mentioned to have caused civilian casualties appear to be ones that the organization has been able to verify.

And it calls out Obama, the US Administration, Military and Intelligence as spouting a pack of lies regarding 'no civilian casualties'.
 
If it is a war that the US is engaging in, then in war ethics seems to take a back-seat.

The legal aspects are still valid, but then the fog of war, prevents hard evidence.

And the truth is that whoever is powerful, wins all aspects of the debate, be it ethics or legal. If it were not so, then the ICJ would not be so busy and partisan.

There is no doubt that when an area weapon is used, be it bombing by aircraft, artillery or even Drones, there will be collateral damage and non combatants being killed would not be an exception.


Hence, the would be civilians being killed during the Drone attacks.

Iran has been able to bring down the Drones.
 
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Iran has been able to bring down the Drones.

Actually, they retracted their claim to have shot down a drone. Hadn't you heard?

No one denies that innocents are killed in these drone attacks. It sucks; no one approves. But the alternative...

If none of the drone strikes had ever happened, what mayhem, murder, mischief would those Taliban/TTP/Al-Quaeda have caused? Would the innocent body count be higher? I'd suggest it'd be MUCH higher.

I don't have answers, only the observation that there wouldn't be a single U.S. soldier in Afghanistan if it wasn't for the string of terrorist attacks that culminated with 9/11. I'd also suggest that those who believe the ISI/Pakistani government and military isn't intimately involved and approving of these strikes, isn't seeing clearly. They are, without a doubt. They maintain deniability, so that when bad **** happens, they take no blame.

In terms of maximizing results, minimizing innocent death, the drone strikes are very successful. Obviously that's little comfort to those who lost loved ones.
 
If there is a WOT going on and Pakistan does remains calm over the same, then the US action is kosher.

It is the call of the Pakistan Govt, notwithstanding the grassroot sentiments.

If a Drone strikes, there will be collateral damage. That is why I append the video.
 
If there is a WOT going on and Pakistan does remains calm over the same, then the US action is kosher.

It is the call of the Pakistan Govt, notwithstanding the grassroot sentiments.

If a Drone strikes, there will be collateral damage. That is why I append the video.
The reports regarding the May 17 strike would indicate a deliberate decision to conduct a drone strike that ended up killing innocents. See Bharadkumar's analysis below.

“The CIA was angry”​

Hitherto the impression was that the United States’ drone attacks on Pakistani villages in Waziristan were counter-terrorist operations with a purpose. Now comes a rare peep into the range of factors that motivate the CIA when it orders the drone strikes. The AP exclusive is, to put it mildly, shocking. At least some of these drone attacks were apparently in the nature of the CIA’s revenge acts against the ISI. The famous drone attack of March 17, which killed 38 innocent people attending a tribal jirga, it now transpires, was indeed a revenge act for the detention of the ace CIA operative Raymond Davis for 7 weeks in custody in Lahore for killing in cold blood two persons. The chilling words of a US official, quoted in the AP story: “It was in retaliation for Davis. The CIA was angry.”

Isn’t it a war crime? Yet, then CIA boss Leon Panetta who ordered it has had a ‘promotion’ and is now Barack Obama’s defence secretary. Those 38 souls wouldn’t have known when they gathered to settle a land dispute at the jirga that Panetta and his CIA boys were so angry with the Pakistani military that they were going to be slaughtered as sacrificial lambs. It stands to reason that army chief Parvez Kayani made out the US’s motivation behind the war crime. It was a rare occasion when he publicly voiced criticism of a drone attack - that the jirga was “carelessly and callously targetted with complete disregard to human life.”

The AP story conveys a poor image of the Pakistani generals, especially ISI chief Shuja Pasha. They appear so dumb, impotent and bureaucratic in real life - especially that part about Kayani sending a memo to John Kerry while he was en route to Dubai in an aeroplane! How easily these generals ended up surrendering Pakistan’s sovereignty and territorial integrity! Pakistan’s best hope lies in that it too would some day, Inshah Allah, have someone like Recep Erdogan of Turkey as a national leader who sent the corrupt ‘Pashas’ (who also pretended they were the custodians of the Turkish state) summarily packing.

The AP story underscores the real state of play in the CIA-ISI equations. I wonder how they can ever again work together with a modicum of mutual trust. Maybe this is how spy agencies are and there is nothing unusual in the backstabbing and vanity fair. More important, does the ISI also get ‘angry’ like the CIA? And if it does, does it also order attacks on civlians like CIA boss Leon Panetta did on the fateful day on March 17?

“The CIA was angry” - Indian Punchline
 
The reports regarding the May 17 strike would indicate a deliberate decision to conduct a drone strike that ended up killing innocents. See Bharadkumar's analysis below.

“The CIA was angry”​

Hitherto the impression was that the United States’ drone attacks on Pakistani villages in Waziristan were counter-terrorist operations with a purpose. Now comes a rare peep into the range of factors that motivate the CIA when it orders the drone strikes. The AP exclusive is, to put it mildly, shocking. At least some of these drone attacks were apparently in the nature of the CIA’s revenge acts against the ISI. The famous drone attack of March 17, which killed 38 innocent people attending a tribal jirga, it now transpires, was indeed a revenge act for the detention of the ace CIA operative Raymond Davis for 7 weeks in custody in Lahore for killing in cold blood two persons. The chilling words of a US official, quoted in the AP story: “It was in retaliation for Davis. The CIA was angry.”

Isn’t it a war crime? Yet, then CIA boss Leon Panetta who ordered it has had a ‘promotion’ and is now Barack Obama’s defence secretary. Those 38 souls wouldn’t have known when they gathered to settle a land dispute at the jirga that Panetta and his CIA boys were so angry with the Pakistani military that they were going to be slaughtered as sacrificial lambs. It stands to reason that army chief Parvez Kayani made out the US’s motivation behind the war crime. It was a rare occasion when he publicly voiced criticism of a drone attack - that the jirga was “carelessly and callously targetted with complete disregard to human life.”

The AP story conveys a poor image of the Pakistani generals, especially ISI chief Shuja Pasha. They appear so dumb, impotent and bureaucratic in real life - especially that part about Kayani sending a memo to John Kerry while he was en route to Dubai in an aeroplane! How easily these generals ended up surrendering Pakistan’s sovereignty and territorial integrity! Pakistan’s best hope lies in that it too would some day, Inshah Allah, have someone like Recep Erdogan of Turkey as a national leader who sent the corrupt ‘Pashas’ (who also pretended they were the custodians of the Turkish state) summarily packing.

The AP story underscores the real state of play in the CIA-ISI equations. I wonder how they can ever again work together with a modicum of mutual trust. Maybe this is how spy agencies are and there is nothing unusual in the backstabbing and vanity fair. More important, does the ISI also get ‘angry’ like the CIA? And if it does, does it also order attacks on civlians like CIA boss Leon Panetta did on the fateful day on March 17?

“The CIA was angry” - Indian Punchline

So how long will Pakistan stay silent, and if it wants to take action what are its options??
 
Drones Alone Are Not the Answer

By DENNIS C. BLAIR
Mechanicsburg, Pa.

OVER the past two years, America has narrowed its goals in Afghanistan and Pakistan to a single-minded focus on eliminating Al Qaeda. Public support for a counterinsurgency campaign in Afghanistan has waned. American officials dealing with Pakistan now spend most of their time haggling over our military and intelligence activities, when they should instead be pursuing the sort of comprehensive social, diplomatic and economic reforms that Pakistan desperately needs and that would advance America’s long-term interests.

In Pakistan, no issue is more controversial than American drone attacks in Pakistani territory along the Afghan border. The Obama administration contends that using drones to kill 10 or 20 more Qaeda leaders would eliminate the organization. This is wishful thinking.

Drone strikes are no longer the most effective strategy for eliminating Al Qaeda’s ability to attack us. Past American drone attacks did help reduce the Qaeda leadership in Pakistan to a fearful, hunted cadre that did not have the time or space to plan, train and coordinate major terrorist acts against the United States.

But the important question today is whether continued unilateral drone attacks will substantially reduce Al Qaeda’s capabilities. They will not.

Instead, we must work with Pakistan’s government as an equal partner to achieve our common goals while ensuring that the country does not remain a refuge for Taliban fighters.

Qaeda officials who are killed by drones will be replaced. The group’s structure will survive and it will still be able to inspire, finance and train individuals and teams to kill Americans. Drone strikes hinder Qaeda fighters while they move and hide, but they can endure the attacks and continue to function.

Moreover, as the drone campaign wears on, hatred of America is increasing in Pakistan. American officials may praise the precision of the drone attacks. But in Pakistan, news media accounts of heavy civilian casualties are widely believed. Our reliance on high-tech strikes that pose no risk to our soldiers is bitterly resented in a country that cannot duplicate such feats of warfare without cost to its own troops.

Our dogged persistence with the drone campaign is eroding our influence and damaging our ability to work with Pakistan to achieve other important security objectives like eliminating Taliban sanctuaries, encouraging Indian-Pakistani dialogue, and making Pakistan’s nuclear arsenal more secure.

Reducing Al Qaeda to a fringe group of scattered individuals without an organizational structure will only succeed if Pakistan asserts control over its full territory and brings government services to the regions bordering Afghanistan.

Washington should support a new security campaign that includes jointly controlled drone strikes and combines the capabilities of both countries. Together, the American and Pakistani governments can fashion a plan that meets the objectives of both without committing to broader joint campaigns that would not be politically viable at the moment.

We can help Pakistan with logistics, transport and intelligence; Pakistan can help us by deploying security forces and improving local government on the ground. Drone strikes targeting Qaeda leaders and other terrorists would be conducted by mutual agreement.

The raid that killed Osama bin Laden in May showed Pakistan that the United States would respect its sovereignty only so far. A cooperative campaign against common enemies offers them the best chance of controlling American actions in their country. And Pakistani participation in the targeting of drone strikes would remove a major source of anti-American resentment.

If we are ever to reduce Al Qaeda from a threat to a nuisance, it will be by working with Pakistan, not by continuing unilateral drone attacks.

Dennis C. Blair, a retired admiral, was director of national intelligence from 2009 to 2010.
http://www.nytimes.com/2011/08/15/opinion/drones-alone-are-not-the-answer.html
 
I thought NY Times was a "rubbish mouthpiece"? What happened here? :D

Great piece, BTW.
 
I thought NY Times was a "rubbish mouthpiece"? What happened here? :D

Great piece, BTW.

I am posting an op-ed piece by Blair, not the NYT.

Blair has already gone public with his opposition - for the NYT to publish an odd dissenting piece here and there, while headlining its 'anonymously sourced US Establishment propaganda', makes little difference to the overall Foreign Policy narrative the NYT is pushing on behalf of the US Establishment.
 
I am posting an op-ed piece by Blair, not the NYT.

Blair has already gone public with his opposition - for the NYT to publish an odd dissenting piece here and there, while headlining its 'anonymously sourced US Establishment propaganda', makes little difference to the overall Foreign Policy narrative the NYT is pushing on behalf of the US Establishment.

That may be true, but at least they do try to publish dissent to prevailing views as well.
 

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