Drone Strikes – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Taliban Leader Mullah Mansour Killed: Obama Deems it “Milestone” https://legacy.lawstreetmedia.com/news/taliban-leader-mullah-mansour-killed-milestone-says-obama/ https://legacy.lawstreetmedia.com/news/taliban-leader-mullah-mansour-killed-milestone-says-obama/#respond Mon, 23 May 2016 17:18:11 +0000 http://lawstreetmedia.com/?p=52665

This certainly indicates some progress.

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Taliban leader Mullah Mansour has been killed in a U.S. air strike; officials in Afghanistan confirmed the news on Sunday. The Taliban, which has a longstanding tradition of denying deaths of prominent leaders, has not yet commented on the event.

On Monday morning President Obama, who currently is in Vietnam, confirmed the death in a statement and called it an “important milestone” in the longstanding effort to bring peace to Afghanistan, saying:

With the death of Taliban leader Akhtar Mohammad Mansur, we have removed the leader of an organization that has continued to plot against and unleash attacks on American and Coalition forces, to wage war against the Afghan people, and align itself with extremist groups like al Qa’ida.

Mansour has been rejecting initiatives by the Afghan government to participate in peace talks, and this could be the time for the Taliban to seize an opportunity for reconciliation with the government, according to the statement from the White House.

The strike that killed Mullah Mansour was conducted on Saturday by the border of Afghanistan and Pakistan, as multiple U.S. drones struck the car he was traveling in, killing both Mansour and another Taliban fighter.

Mansour’s death does not mean an automatic change in the U.S. strategy when it comes to fighting in Afghanistan–the mission is still to train the Afghan forces to help themselves, not to do it for them, said Obama at a press conference in Vietnam. About 3,000 troops are in Afghanistan helping to combat groups like the Taliban, al-Qaeda, and ISIS.

Mullah Mansour had only been the Taliban leader since July of last year, a position he earned when his predecessor Mullah Omar–the infamous one-eyed leader who banned dancing and TV–was confirmed dead. Mansour repeatedly turned down peace talks and negotiations by the government, and was the commander in the seizing of Kunduz in September of last year. It is unclear who will succeed Mansour.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Drone Rules: Are They Enough to Protect Civilians? https://legacy.lawstreetmedia.com/news/drone-rules-are-they-enough-to-protect-civilians/ https://legacy.lawstreetmedia.com/news/drone-rules-are-they-enough-to-protect-civilians/#respond Fri, 21 Feb 2014 21:16:13 +0000 http://lawstreetmedia.wpengine.com/?p=12405

Whether you’re for or against drone strikes, it should at least be accepted that regulations should be followed when using drones. The Obama Administration’s drone strike policies have most recently come into question after a wedding procession turned into a funeral. The December 2013 drone strike in Yemen violated the Administration’s own policies to prevent […]

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Whether you’re for or against drone strikes, it should at least be accepted that regulations should be followed when using drones. The Obama Administration’s drone strike policies have most recently come into question after a wedding procession turned into a funeral. The December 2013 drone strike in Yemen violated the Administration’s own policies to prevent civilian casualties, according to a recent report by Human Rights Watch. A dozen people were killed and many others injured, including the bride. While the government claimed that the strike targeted and killed only militants, Human Rights Watch reported otherwise. This incident begs two questions:

1. What are the Obama Administration’s drone strike regulations?  

2. Are the regulations effective at targeting terrorists and protecting civilians?

Obama cited his administration’s drone policies in a speech last May, stating that strikes are permitted only when there is ‘near certainty’ that no civilians will be hurt. However, the phrase ‘near certainty’ was never officially defined and remains ambiguous. Additional guidelines included the following: ‘near certainty’ of the presence of the enemy; the enemy still poses a threat to the United States; and no possibility of the enemy’s being arrested or captured by different means. According to Human Rights Watch, the U.S. did not meet any of these guidelines in the December Yemeni attack.

Did the U.S. have ‘near certainty’ that the terrorist was among the group in the wedding procession?

The U.S. claimed they did, and that among the members of the targeted group was Yemen’s most-wanted terrorist, Shawqi Ali Ahmed al-Badani; however, the government has not offered any conclusive evidence or video proof that the target was, in fact, present during the attack. The government is not legally required to report the logistics of drone strikes, but this very fact points to a potential flaw in the policies. Without a record, there is no way to demand accountability. Moreover, the government’s claim contradicts statements that Human Rights Watch gathered from witnesses and members at the wedding party, none of whom affirmed the presence of the terrorist or other members of Al-Qaeda.

Was the main target and others involved in the attack a threat to U.S. security? 

Shawqi Ali Ahmed al-Badani is claimed to be an Al-Qaeda affiliate who was involved in the shutdown of around a dozen U.S. diplomatic centers across the Middle East last year. It seems that the target did, in fact, pose a continuing threat to U.S. security. However, the study suggests it is likely that the terrorist was not among the group attacked. Furthermore, Human Rights Watch acknowledged that there was a possibility that some Al-Qaeda associates were among the dead; however, it is unknown whether these people posed imminent threats to U.S. security.

Did the U.S. have ‘near certainty’ that no civilians would be hurt?

The fact that those targeted were part of a wedding makes it hard to believe that the United States was sure no civilians would be killed or injured. Moreover after the attack, Yemeni officials presented money and assault rifles, a traditional gift of apology, to the families of the dead and wounded. The Yemeni officials’ apologetic actions signify that many of those attacked were civilians and were mistakenly targeted. Finally, Human Rights Watch asserted that targeting the whole group to eliminate the terrorist would still not justify an attack by the United States since the attack would involve a disproportionate amount of civilian casualties.

According to the report, the Obama Administrations’ drone strike guidelines were not properly followed. Furthermore, the guidelines are not stringent enough to protect civilian lives, as there is no clear and established meaning of ‘near certainty.’ The phrase leaves much to the interpretation.

As more civilians are killed in the process of targeting terrorists, the United States risks endangering its relationship with countries that are working with them to stop terrorism. The U.S. risks breaching international laws of war due to the amount of civilian casualties. There have been more than 390 drone strikes during the Obama Presidency, and the consequences of these strikes include the deaths of 273 civilians. Lawyers from a British human rights organization have already filed in the ICC for the killing of civilians in a drone strike in Pakistan, which signifies the threat of a violation of international law is real. Not only do drone strikes pose a potential threat to civilian life, but they could also worsen the United States’ diplomatic relations with other countries and its own international reputation.

[Washington Post] [Human Rights Watch] [Bureau of Investigative Journalism] [Truthout

Sarah Shelden (@shelden430)

Featured image courtesy of [doctress neutopia via Flickr]

Sarah Helden
Sarah Helden is a graduate of The George Washington University and a student at the London School of Economics. She was formerly an intern at Law Street Media. Contact Sarah at staff@LawStreetmedia.com.

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