President Obama invited Malala Yousafzai, a 16-year-old Pakistani advocate for girls’ education, to meet with his family. And she promptly explained that what he is doing works against her agenda and fuels terrorism.
Malala is a victim of violence in Pakistan, having been attacked by religious fanatics opposed to her work. But Obama may not have expected her to speak up against other forms of violence in her country.
Malala recounted: “I also expressed my concerns that drone attacks are fueling terrorism. Innocent victims are killed in these acts, and they lead to resentment among the Pakistani people. If we refocus efforts on education, it will make a big impact.”
President Obama may also have not expected most people to notice or care. The corporate media have virtually ignored this part of a widely-reported meeting.
It’s up to us to surprise everyone with the depth of our interest and concern. Almost 100,000 have thus far signed a petition to ban weaponized drones, soon to be delivered to the U.N., the I.C.C., the State Department, the White House, Congress, and embassies.
The United Nations has released a report on “armed drones and the right to life” (PDF). The report begins by noting that, as of now, weaponized drones are legal:
Although drones are not illegal weapons, they can make it easier for States to deploy deadly and targeted force on the territories of other States. As such, they risk undermining the protection of life in the immediate and longer terms. If the right to life is to be secured, it is imperative that the limitations posed by international law on the use of force are not weakened by broad justifications of drone strikes.
Drones, the U.N. Special Rapporteur reports, risk making war the normal state of affairs:
Peace should be the norm, yet such scenarios risk making its derogation the rule by privileging force over long-term peaceful alternatives. . . . Given that drones greatly reduce or eliminate the number of casualties on the side using them, the domestic constraints — political and otherwise — may be less restrictive than with the deployment of other types of armed force. This effect is enhanced by the relative ease with which the details about drone targeting can be withheld from the public eye and the potentially restraining influence of public concern. Such dynamics call for a heightened level of vigilance by the international community concerning the use of drones.
The U.N. Charter and this report seek to make war an exceptional state of affairs. This is a very difficult, and a morally depraved thing to attempt with an institution that deserves total abolition. War does not work as a tool with which to eliminate war. But, even within that framework, the U.N. finds that drones create extra-legal war:
An outer layer of protection for the right to life is the prohibition on the resort to force by one State against another, again subject to a narrowly construed set of exceptions. The protection of State sovereignty and of territorial integrity, which onoccasion presents a barrier to the protection of human rights, here can constitute an important component of the protection of people against deadly force, especially with the advent of armed drones.
The strongest excuse for war is the claim of defense against an actual attack. The next best thing is to pretend an attack is imminent. The Obama Administration has famously redefined “imminent” to mean eventual or theoretical — that is, they’ve stripped the word of all meaning. (See the “white paper” PDF.) The U.N. doesn’t buy it:
The view that mere past involvement in planning attacks is sufficient to render an individual targetable even where there is no evidence of a specific and immediate attack distorts the requirements established in international human rights law.
U.S. lawyers at Congressional hearings have tended to maintain that drone killing is legal if and only if it’s part of a war. The U.N. report also distinguishes between two supposedly different standards of law depending on whether a drone murder is separate from or part of a war. Disappointingly, the U.N. believes that some drone strikes can be legal and others not:
Insofar as the term ‘signature strikes’ refers to targeting without sufficient information to make the necessary determination, it is clearly unlawful. . . . Where one drone attack is followed up by another in order to target those who are wounded and hors de combat or medical personnel, it constitutes a war crime in armed conflict and a violation of the right to life, whether or not in armed conflict. Strikes on others confirmed to be civilians who are directly participating in hostilities or having a continuous combat function at the time of the follow-up strike could be lawful if the other international humanitarian law rules are respected.
The complex mumbo-jumbo of multiple legal standards for multiple scenarios, complete with calculations of necessity and distinction and proportionality and collateral damage, mars this report and any attempt to create enforceable action out of it. But the report does, tentatively, find one little category of drone murders illegal that encompasses many, if not all, U.S. drone murders — namely, those where the victim might have been captured rather than killed:
Recent debates have asked whether international humanitarian law requires that a party to an armed conflict under certain circumstances consider the capture of an otherwise lawful target (i.e. a combatant in the traditional sense or a civilian directly participating in hostilities) rather than targeting with force. In its Interpretive Guidance, ICRC states that it would defy basic notions of humanity to kill an adversary or to refrain from giving him or her an opportunity to surrender where there manifestly is no necessity for the use of lethal force.
Pathetically, the report finds that if a government is going to pretend that murdering someone abroad is “self-defense” the action must be reported to the U.N. — thereby making it sooooo much better.
A second UN report (PDF) goes further, citing findings that U.S. drones have killed hundreds of civilians, but failing to call for prosecutions of these crimes. That is to say, the first report, above, which does not list specific U.S. drone murders of civilians, discusses the need for prosecutions. But this second report just asks for “a detailed public explanation.”
The fact that an insane killing spree is counter-productive, as pointed out to Obama by Malala, in case he hadn’t heard all his own experts, is not enough to end the madness. Ultimately we must recognize the illegality of all killing and all war. In the meantime, prior to the U.N.’s debate on this on the 25th, we can add our names to the growing movement to ban weaponized drones at http://BanWeaponizedDrones.org
Photo by GlobalPartnership for Education under Creative Commons license