NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT DES NATIONS UNIES OFFICE OF THE UNITED NATIONS AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS

PROCEDURES SPECIALES DU SPECIAL PROCEDURES OF THE CONSEIL DES DROITS DE L’HOMME HUMAN RIGHTS COUNCIL

Mandates of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

REFERENCE: AL G/SO 214 (33-27) Terrorism (2005-4) USA 20/2011

2 November 2011 Excellency,

We have the honour to address you in our capacities as Special Rapporteur on extrajudicial, summary or arbitrary executions and Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pursuant to General Assembly resolution 60/251 and to Human Rights Council resolutions 17/5 and 15/15.

In this connection, we would like to bring to your Excellency’s Government’s attention information we have received regarding the alleged of Mr. Anwar al-Awlaki , Mr. Samir Khan and several others, including Mr. Al-Awlaki’s son Abdulrahman , believed to have been 16 years of age, in by your Excellency’s Government’s officials and/or agents.

On 29 July 2010, the former Special Rapporteur on summary executions wrote to your Excellency’s Government concerning its decision to target and kill Mr. Anwar al- Awlaki. It was alleged that the Treasury Department had designated Mr. Anwar al-Awlaki as a “specially designated global terrorist” and had his assets frozen, allegedly for “supporting acts of terrorism and for acting for or on behalf of” Al Qaeda in the Arabian Peninsula. It was further indicated that Mr. Anwar al-Awlaki had reportedly been targeted for killing by the Central Intelligence Agency (CIA) with the approval of the National Security Council and the Executive branch of the Government. Your Excellency’s Government has yet to respond to the communication.

We have now received information that, on 30 September 2011, Mr. Anwar al- Awlaki, Mr. Khan and several others were killed by a in Khasef, Jawf province, Yemen. Unconfirmed reports indicate that they were hit by a United States drone. The President of the United States of America, Mr. Barack Obama, indicated in a statement that “The death of Al-Awlaki marks another significant milestone in the broader effort to defeat Al Qaeda and its affiliates. Furthermore, this success is a tribute to our intelligence community, and to the efforts of Yemen and its security forces, who have worked closely with the United States over the course of several years.” It is alleged that Mr. Al-Awlaki, his son, and Mr. Khan became the second, third and fourth United States citizens subjected to a targeted killing through a United States drone attack in Yemen following the killing of Mr. Kamal Derwish in 2002. It is further alleged that, unlike in other countries, where the CIA reportedly enjoys a blanket authorization by President Obama to carry out drone strikes at will, each attack in Yemen requires individual approval by the President. Such an authorization was reportedly based on an interdepartmental legal memorandum of June 2010 the lead of the U.S. Justice Department’s Office of Legal Counsel.

We remain concerned about the policy of adopted by your Excellency’s Government and we have yet to receive information on (a) what rules of international law your Excellency’s Government considers to govern its decision that people be targeted and the basis for a determination to kill rather than capture; (b) clarity as to which treaty instruments or customary norms are considered to apply to target and kill individuals; (c) the legal basis that your Excellency’s Government invokes to determine the targeted individual to be a combatant or a civilian directly participating in hostilities; (d) whether your Excellency’s Government considers its determination to be governed by the law applicable to the use of inter-state force and the international law doctrine of self-defence, clarification on the basis for such a determination, and whether self-defence is invoked in addition or as an alternate to international humanitarian law and international human rights law.

The Special Rapporteur on summary executions has recently submitted in his report to the General Assembly that “The idea of a global ‘war on terror’, if taken literally, would imply that international humanitarian rules can be used to justify targeted killings in any country in the world, at any time, which would mean the entire globe is a theatre of war; a war without borders. This would undermine the very basis of the restraints on the use of force that international law seeks to maintain. …States are required to provide the legal basis for targeted killings” (A/66/330, paras. 80 and 84).

It is our responsibility under the mandates provided to us by the Human Rights Council, to seek to clarify all cases brought to our attention. Since we are expected to report on these cases to the Human Rights Council, we would be grateful for your cooperation and observations concerning the killing of Mr. Anwar al-Awlaki and those who died with him. We would appreciate receiving information from your Excellency’s Government on the following:

1. Are the facts and allegations made in this communication accurate?

2. Please provide information on the legal basis for your Excellency’s Government’s decision to target and kill Mr. Anwar al-Awlaki and those who died with him and please provide an explanation how this is compatible with international human rights law and international

2 humanitarian law. Further, please provide information on the legal and factual basis of the decision to kill rather than capture, prosecute and criminally punish individuals through judicial proceedings.

3. What procedural safeguards, if any, were employed to ensure that these killings complied with international law?

4. Does the Government of Yemen agree with the basis for any determination that the targeted killing of Mr. Anwar al-Awlaki in its territory is lawful?

In light of the content of the communication, a copy will be shared for information with the Government of the Republic of Yemen through its Permanent Mission to the United Nations Office at Geneva.

We would appreciate a response within sixty days. We undertake to ensure that your Excellency’s Government’s response to each of these questions is accurately reflected in the reports we will submit to the Human Rights Council for its consideration.

Please accept, Excellency, the assurances of our highest consideration.

Christof Heyns Special Rapporteur on extrajudicial, summary or arbitrary executions

Ben Emmerson Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

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