Comments on: Misunderstanding the Drone War http://registan.net/index.php/2009/04/08/misunderstanding-the-drone-war/ Central Asia News -- All Central Asia, All The Time Sun, 12 Feb 2012 23:53:13 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Joshua Foust http://registan.net/index.php/2009/04/08/misunderstanding-the-drone-war/comment-page-1/#comment-379958 Joshua Foust Thu, 09 Apr 2009 01:13:44 +0000 http://www.registan.net/index.php/2009/04/08/misunderstanding-the-drone-war/#comment-379958 Helena, I don't necessarily disagree with you, but I also don't think it's quite as black and white. US or Israeli reservists on vacation in Greece is not an analogous situation to a group of militants basing their anti-U.S. operations over the border of a neighboring country that has requested assistance in destroying them. The point about review is a sound one—I've raised objections to that in this space repeatedly, but the drone strikes are not obviously a war crime, and simply calling it such strikes me as needlessly inflammatory. Helena, I don’t necessarily disagree with you, but I also don’t think it’s quite as black and white. US or Israeli reservists on vacation in Greece is not an analogous situation to a group of militants basing their anti-U.S. operations over the border of a neighboring country that has requested assistance in destroying them.

The point about review is a sound one—I’ve raised objections to that in this space repeatedly, but the drone strikes are not obviously a war crime, and simply calling it such strikes me as needlessly inflammatory.

]]> By: Helena Cobban http://registan.net/index.php/2009/04/08/misunderstanding-the-drone-war/comment-page-1/#comment-379957 Helena Cobban Thu, 09 Apr 2009 01:08:50 +0000 http://www.registan.net/index.php/2009/04/08/misunderstanding-the-drone-war/#comment-379957 Joshua, usually your judgment is a lot better than this! Of course allegedly 'targeted' killings-- also known as extra-judicial executions-- are against the laws of war. In a situation of actual hostilities it is permissible under international humanitarian law--IHL, aka the laws of war-- to kill your enemy. But if the opponent is not actually engaged in combat, it's illegal. (Think: US or Israeli reservists, in their time off, going to a beach in Greece or whatever.) That is one consideration-- even if it's often glossed over with claims of "oh, we were in hot pursuit... That is why they're called 'extra-judicial' executions. But in these allegedly 'targeted' executions there are other serious legal/ethical problems. When and how is the 'evidence' against the targeted individuals ever actually considered in anything resembling an open forum? How about the many possibilities for malicious or inadvertent mis-identification of targets? Who sorts those out; who makes the decision to 'kill', and how? Again, the whole process is extra-judicial and should be roundly condemned by anyone claiming to uphold the rule of any kind of law. Gottlieb is quite right. And yes, in addition, they are counter-productive. But from a rule of law perspective that's an additional, and secondary, consideration. (In a deep sense it is linked, of course. People in the communities targeted find these kind of remote-control killings quite despicable and their hatred of the governments and institutions launching them only grows. Those feelings are often linked to a strong sort of natural justice.) Joshua, usually your judgment is a lot better than this! Of course allegedly ‘targeted’ killings– also known as extra-judicial executions– are against the laws of war. In a situation of actual hostilities it is permissible under international humanitarian law–IHL, aka the laws of war– to kill your enemy. But if the opponent is not actually engaged in combat, it’s illegal. (Think: US or Israeli reservists, in their time off, going to a beach in Greece or whatever.) That is one consideration– even if it’s often glossed over with claims of “oh, we were in hot pursuit…

That is why they’re called ‘extra-judicial’ executions.

But in these allegedly ‘targeted’ executions there are other serious legal/ethical problems. When and how is the ‘evidence’ against the targeted individuals ever actually considered in anything resembling an open forum? How about the many possibilities for malicious or inadvertent mis-identification of targets? Who sorts those out; who makes the decision to ‘kill’, and how?

Again, the whole process is extra-judicial and should be roundly condemned by anyone claiming to uphold the rule of any kind of law. Gottlieb is quite right.

And yes, in addition, they are counter-productive. But from a rule of law perspective that’s an additional, and secondary, consideration. (In a deep sense it is linked, of course. People in the communities targeted find these kind of remote-control killings quite despicable and their hatred of the governments and institutions launching them only grows. Those feelings are often linked to a strong sort of natural justice.)

]]>