Wednesday, June 12, 2013

Droning On: Obama’s Targeting Killing Justification

Last month, President Obama delivered a major speech at the National Defense University in which he addressed the U.S. policy on drone attacks. (The full text is here.) The tactic of targeted assassinations of individuals suspected of threatening the U.S. originated during the George W. Bush administration. This tactic has been dramatically expanded under the Obama administration and has become the primary tactic utilized in the “War on Terror”. Not only has the frequency of drone strikes increased, but the geography has also expanded from the war zones of Iraq and Afghanistan to include non-war zones, such as Pakistan, Yemen and Somalia. The potential target list has also expanded to include American citizens suspected of posing a threat.

In describing the source of this threat, Mr. Obama offered the “conflict of civilizations” argument saying, “Most, though not all, of the terrorism we faced is fueled by a common ideology — a belief by some extremists that Islam is in conflict with the United States and the West, and that violence against Western targets, including civilians, is justified in pursuit of a larger cause.” In making this argument, he neglected to mention the U.S. invasions of Muslim lands, overall U.S. Middle East policy and previous targeted killings which tend to create more enemies than they eliminate. (Before the targeted killings began in Yemen there were estimated to be less than 100 al Qaeda sympathizers; today the estimate is over 1200)

In his justification for his use of targeted assassinations Mr. Obama said, “…we act against terrorists who pose a continuing and imminent threat to the American people, and when there are no other governments capable of effectively addressing the threat.” and “…despite our strong preference for the detention and prosecution of terrorists, sometimes this approach is foreclosed.”

These arguments, while nuanced and carefully framed, are arguments that could easily been made by Vladimir Putin when he was accused of orchestrating the assassination of former KGB officer Alexander Litvinenko in 2006 in London or by Chilean dictator Augusto Pinochet after the car bomb assassination of former Chilean Ambassador Orlando Letelier in Washington D.C. in 1976. Letelier’s American assistant, Ronnie Moffit, was simply “collateral damage”.

Right now the U.S. has a technological advantage in the production of drones, but this is unlikely to last long. Legitimizing a policy of extrajudicial execution of suspected threats in non-war zones is setting a precedent for other governments who might not be as inclined to take the precautions that Obama has outlined. As Georgetown University Professor of International Law, Rosa Brooks, pointed out in her testimony before Congress, “…the United States is effectively handing China, Russia, and every other repressive state a playbook for how to foment instability and -literally -- get away with murder."

The law of unintended consequences has not been repealed.

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