“Soft despotism is a term coined by Alexis de Tocqueville describing the state into which a country overrun by "a network of small complicated rules" might degrade. Soft despotism is different from despotism (also called 'hard despotism') in the sense that it is not obvious to the people."

Thursday, June 21, 2012

Droning on

Drone strikes threaten 50 years of international law, says UN rapporteur

US policy of using drone strikes to carry out targeted killings 'may encourage other states to flout international law'

Predator Drone
In his strongest critique of drone strikes yet, Christof Heynes said some may constitute war crimes. Photograph: Getty Images
The US policy of using aerial drones to carry out targeted killings presents a major challenge to the system of international law that has endured since the second world war, a United Nations investigator has said.
Christof Heyns, the UN special rapporteur on extrajudicial killings, summary or arbitrary executions, told a conference in Geneva that President Obama's attacks in Pakistan, Yemen and elsewhere, carried out by the CIA, would encourage other states to flout long-establishedhuman rights standards.
In his strongest critique so far of drone strikes, Heyns suggested some may even constitute "war crimes". His comments come amid rising international unease over the surge in killings by remotely piloted unmanned aerial vehicles (UAVs).
Addressing the conference, which was organised by the American Civil Liberties Union (ACLU), a second UN rapporteur, Ben Emmerson QC, who monitors counter-terrorism, announced he would be prioritising inquiries into drone strikes.
The London-based barrister said the issue was moving rapidly up the international agenda after China and Russia this week jointly issued a statement at the UN Human Rights Council, backed by other countries, condemning drone attacks.
If the US or any other states responsible for attacks outside recognised war zones did not establish independent investigations into each killing, Emmerson emphasised, then "the UN itself should consider establishing an investigatory body".
Also present was Pakistan's ambassador to the UN in Geneva, Zamir Akram, who called for international legal action to halt the "totally counterproductive attacks" by the US in his country.
Heyns, a South African law professor, told the meeting: "Are we to accept major changes to the international legal system which has been in existence since world war two and survived nuclear threats?"
Some states, he added, "find targeted killings immensely attractive. Others may do so in future … Current targeting practices weaken the rule of law. Killings may be lawful in an armed conflict [such as Afghanistan] but many targeted killings take place far from areas where it's recognised as being an armed conflict."
If it is true, he said, that "there have been secondary drone strikes on rescuers who are helping (the injured) after an initial drone attack, those further attacks are a war crime".
Heyns ridiculed the US suggestion that targeted UAV strikes on al-Qaida or allied groups were a legitimate response to the 9/11 attacks. "It's difficult to see how any killings carried out in 2012 can be justified as in response to [events] in 2001," he said. "Some states seem to want to invent new laws to justify new practices.
"The targeting is often operated by intelligence agencies which fall outside the scope of accountability. The term 'targeted killing' is wrong because it suggests little violence has occurred. The collateral damage may be less than aerial bombardment, but because they eliminate the risk to soldiers they can be used more often."
Heyns told the Guardian later that his future inquiries are likely to include the question of whether other countries, such as the UK, share intelligence with the US that could be used for selecting individuals as targets. A legal case has already been lodged in London over the UK's alleged role in the deaths of British citizens and others as a consequence of US drone strikes in Pakistan.
Emmerson said that protection of the right to life required countries to establish independent inquiries into each drone killing. "That needs to be applied in the context of targeted killings," he said. "It's possible for a state to establish an independent ombudsman to inquire into every attack and there needs to be a report to justify [the killing]."
Alternatively, he said, it was "for the UN itself to consider establishing an investigatory body. Drones attacks by the US raise fundamental questions which are a direct consequence of my mandate… If they don't [investigate] themselves, we will do it for them."
It is time, he added, to end the "conspiracy of silence" over drone attacks and "shine the light of independent investigation" into the process. The attacks, he noted, were not only on those who had been killed but on the system of "international law itself".
The Pakistani ambassador declared that more than a thousand civilians had been killed in his country by US drone strikes. "We find the use of drones to be totally counterproductive in terms of succeeding in the war against terror. It leads to greater levels of terror rather than reducing them," he said.
Claims made by the US about the accuracy of drone strikes were "totally incorrect", he added. Victims who had tried to bring compensation claims through the Pakistani courts had been blocked by US refusals to respond to legal actions.
The US has defended drone attacks as self-defence against al-Qaida and has refused to allow judicial scrutiny of the UAV programme. On Wednesday, the Obama administration issued a fresh rebuff through the US courts to an ACLU request for information about targeting policies. Such details, it insisted, must remain "classified".
Hina Shamsi, director of the ACLU's national security project, said: "Something that is being debated in UN hallways and committee rooms cannot apparently be talked about in US courtrooms, according to the government. Whether the CIA is involved in targeted lethal operation is now classified. It's an absurd fiction."
The ACLU estimates that as many as 4,000 people have been killed in US drone strikes since 2002 in Pakistan, Yemen and Somalia. Of those, a significant proportion were civilians. The numbers killed have escalated significantly since Obama became president.
The USA is not a signatory to the International Criminal Court (ICC) or many other international legal forums where legal action might be started. It is, however, part of the International Court of Justice (ICJ) where cases can be initiated by one state against another.
Ian Seiderman, director of the International Commission of Jurists, told the conference that "immense damage was being done to the fabric of international law".
One of the latest UAV developments that concerns human rights groups is the way in which attacks, they allege, have moved towards targeting groups based on perceived patterns of behaviour that look suspicious from aerial surveillance, rather than relying on intelligence about specific al-Qaida activists.
In response to a report by Heyns to the UN Human Rights Council this week, the US put out a statement in Geneva saying there was "unequivocal US commitment to conducting such operations with extraordinary care and in accordance with all applicable law, including the law of war".
It added that there was "continuing commitment to greater transparency and a sincere effort to address some of the important questions that have been raised".


  1. All in all drones are a pretty nifty weapons, but it will be a very short monopoly and its use may find its way into unexpected areas.

    It is only a matter of time until some domestic police agency will use drones for other than surveillance.

    Drones are becoming smaller, cheaper and more accurate. They are in many ways the perfect asymmetric weapon. They can be built and launched by the thousands. The trouble is that they can serve just about anyone.

    We may have started something that we are going to regret.

  2. The New York Times newspaper and the American Civil Liberties Union have made freedom of information requests for records relating to drone strikes against suspected members of Al Qaeda and other terrorist groups.


    While drone operations are classified, several of the unmanned aircraft are now on display at the National Air and Space Museum.

  3. .

    One of the latest UAV developments that concerns human rights groups is the way in which attacks, they allege, have moved towards targeting groups based on perceived patterns of behaviour that look suspicious from aerial surveillance, rather than relying on intelligence about specific al-Qaida activists...

    This is a major change in US policy.

    They are running out of al Queda leadership (1st and 2nd tier) so now they are going after 'perceived patterns of behavior'. Obama can cite it as a jobs program. The WOT, the war that never ends.

    If you are planning on holding a wedding or a family barbeque in Pakistan or Yemen, you are taking your life into your own hands.


  4. The manufacture, sale and use of drones does not conduce to the liberation of those manufacturing, selling and using drones.

    Nevertheless, might it ever be necessary?


  5. We are led by chess players that can only think three ply deep.

  6. Well we're good and fucked then -

    The Blog
    Retiring Dem: 'The People Have Gotten Dumber'
    10:44 AM, Jun 21, 2012 • By DANIEL HALPER

    Retiring congressman Gary Ackerman, a Democrat from New York, reflects on his time in Congress.

    "Congressman Ackerman, you’ve been here 30 years. Can you define comity as it existed when you arrived versus how it exists now?," Bloomberg Businessweek asks.

    Ackerman responds: " Your premise is that comity exists now. It may not be entirely accurate. It used to be you had real friends on the other side of the aisle. It’s not like that anymore. Society has changed. The public is to blame as well. I think the people have gotten dumber. I don’t know that I would’ve said that out loud pre-my announcement that I was going to be leaving. [Laughter] But I think that’s true. I mean everything has changed. The media has changed. We now give broadcast licenses to philosophies instead of people. People get confused and think there is no difference between news and entertainment. People who project themselves as journalists on television don’t know the first thing about journalism. They are just there stirring up a hockey game."


    1. They are just there stirring up a hockey game.

      I think they're stirring up more than that. The Cleavage Index has entered the red zone on CNBC.

  7. Keep up with whom your representatives are sucking up here -

    Just click on your own state to see where your boys/girls fit into The Hall of Shame and The Hall of Fame.

    Dumb fucks stay away you wouldn't understand it anyway.



  8. Mainstream shippers, like New-York-based Overseas Shipholding Group Inc and Bermuda-based Frontline Ltd., have already stopped accepting Iranian oil, leaving a dwindling number of smaller firms to handle it. But even they are disappearing.

    In recent months, Libya's General National Maritime Transport—which itself was under U.S. sanctions during its civil conflict last year—has emerged as the single largest transporter of Iranian oil to the EU, with six trips in as many months, according to the Clarksons shipping database.

    A transport spokesman confirmed the voyages while saying the company complies with sanctions. But now, it too is pulling back: The Libyan company says it will stop serving Iran from July 1, when an EU ban on the import, transportation and insurance of Iranian oil kicks in.