Killer drone attacks illegal, counter-productive

Self defence under Article 51 of the United Nations Charter is a narrow exception to the Charter's prohibition of the use of force or the threat of force to settle international disputes. Countries may engage in individual or collective self-defence only in the face of an armed attack. To the extent the United States claims the right to kill suspected terrorists or their allies before they act, there must exist "a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation," under the well-established Caroline Case. Obama's drone attacks do not meet this standard.

The United States' resort to ever-increasing targeted killings is a direct result of the "War on Terror" the Bush administration declared after 9/11. Bush declared a perpetual war on a tactic and claimed all Al-Qaeda and Taliban are terrorists who may be pre-emptively killed as a form of self defence, rather than being arrested and tried for criminal acts. Although he does not use the phrase "War on Terror,"

Obama has continued and even extended this policy. It is the product of a powerful military industrial complex in the United States which sees the use of force as the first step to resolving disputes rather than a last resort, notwithstanding the strictures of the UN Charter.

This practice sets a dangerous precedent. Heyns opined that "any Government could, under the cover of counter-terrorism imperatives, decide to target and kill an individual on the territory of any State if it considers that said individual constitutes a threat." Heyns also cited information that indicates "the attacks increasingly fuel protests among the population." Heyns said the "lack of transparency" and "dangerous precedent" that drone attacks represent "remain of grave concern."

Drone strikes are also counterproductive. They breed increased resentment against the United States and lead to the recruitment of more terrorists. "Drones have replaced Guantanamo as the recruiting tool of choice for militants," Becker and Shane wrote in the Times article. They quoted Faisal Shahzad, who, while pleading guilty to trying to detonate a bomb in Times Square, told the judge, "When the drones hit, they don't see children." Pakistani ambassador Zamir Akram told the Geneva Forum last week that the drone attacks are illegal and violate the sovereignty of Pakistan, "not to mention being counter-productive." He added, "thousands of innocent people, including women and children, have been murdered in these indiscriminate attacks."

Becker and Shane noted: "[Obama's] focus on strikes has made it impossible to forge, for now, the new relationship with the Muslim world that he had envisioned."

Both Pakistan and Yemen are arguably less stable and more hostile to the United States than when Mr. Obama became president. Justly or not, drones have become a provocative symbol of American power, running roughshod over national sovereignty and killing innocents.

Ibrahim Mothana, who wrote an op-ed in the Times titled "How Drones Help Al Qaeda," agrees. "Drone strikes are causing more and more Yemenis to hate America and join radical militants; they are not driven by ideology but rather by a sense of revenge and despair," Mothana observed.

It is time to halt this dangerous and illegal practice.