How the United States Use of Double-Tap Drone Strikes Violates IHL Principles of Distinction and Proportionality
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The Civilian Impact of Drone Strikes
THE CIVILIAN IMPACT OF DRONES: UNEXAMINED COSTS, UNANSWERED QUESTIONS Acknowledgements This report is the product of a collaboration between the Human Rights Clinic at Columbia Law School and the Center for Civilians in Conflict. At the Columbia Human Rights Clinic, research and authorship includes: Naureen Shah, Acting Director of the Human Rights Clinic and Associate Director of the Counterterrorism and Human Rights Project, Human Rights Institute at Columbia Law School, Rashmi Chopra, J.D. ‘13, Janine Morna, J.D. ‘12, Chantal Grut, L.L.M. ‘12, Emily Howie, L.L.M. ‘12, Daniel Mule, J.D. ‘13, Zoe Hutchinson, L.L.M. ‘12, Max Abbott, J.D. ‘12. Sarah Holewinski, Executive Director of Center for Civilians in Conflict, led staff from the Center in conceptualization of the report, and additional research and writing, including with Golzar Kheiltash, Erin Osterhaus and Lara Berlin. The report was designed by Marla Keenan of Center for Civilians in Conflict. Liz Lucas of Center for Civilians in Conflict led media outreach with Greta Moseson, pro- gram coordinator at the Human Rights Institute at Columbia Law School. The Columbia Human Rights Clinic and the Columbia Human Rights Institute are grateful to the Open Society Foundations and Bullitt Foundation for their financial support of the Institute’s Counterterrorism and Human Rights Project, and to Columbia Law School for its ongoing support. Copyright © 2012 Center for Civilians in Conflict (formerly CIVIC) and Human Rights Clinic at Columbia Law School All rights reserved Printed in the United States of America. Copies of this report are available for download at: www.civiliansinconflict.org Cover: Shakeel Khan lost his home and members of his family to a drone missile in 2010. -
Living Under Drones Death, Injury, and Trauma to Civilians from US Drone Practices in Pakistan
Fall 08 September 2012 Living Under Drones Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan International Human Rights and Conflict Resolution Clinic Stanford Law School Global Justice Clinic http://livingunderdrones.org/ NYU School of Law Cover Photo: Roof of the home of Faheem Qureshi, a then 14-year old victim of a January 23, 2009 drone strike (the first during President Obama’s administration), in Zeraki, North Waziristan, Pakistan. Photo supplied by Faheem Qureshi to our research team. Suggested Citation: INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW), LIVING UNDER DRONES: DEATH, INJURY, AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September, 2012) TABLE OF CONTENTS ACKNOWLEDGMENTS I ABOUT THE AUTHORS III EXECUTIVE SUMMARY AND RECOMMENDATIONS V INTRODUCTION 1 METHODOLOGY 2 CHALLENGES 4 CHAPTER 1: BACKGROUND AND CONTEXT 7 DRONES: AN OVERVIEW 8 DRONES AND TARGETED KILLING AS A RESPONSE TO 9/11 10 PRESIDENT OBAMA’S ESCALATION OF THE DRONE PROGRAM 12 “PERSONALITY STRIKES” AND SO-CALLED “SIGNATURE STRIKES” 12 WHO MAKES THE CALL? 13 PAKISTAN’S DIVIDED ROLE 15 CONFLICT, ARMED NON-STATE GROUPS, AND MILITARY FORCES IN NORTHWEST PAKISTAN 17 UNDERSTANDING THE TARGET: FATA IN CONTEXT 20 PASHTUN CULTURE AND SOCIAL NORMS 22 GOVERNANCE 23 ECONOMY AND HOUSEHOLDS 25 ACCESSING FATA 26 CHAPTER 2: NUMBERS 29 TERMINOLOGY 30 UNDERREPORTING OF CIVILIAN CASUALTIES BY US GOVERNMENT SOURCES 32 CONFLICTING MEDIA REPORTS 35 OTHER CONSIDERATIONS -
International Criminal Law a Discussion Guide for the Extraordinary Chambers in the Courts of Cambodia
INTERNATIONAL CRIMINAL LAW A DISCUSSION GUIDE FOR THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA WAR CRIMES RESEARCH OFFICE 2nd Edition December 2007 Acknowledgments Contributing authors and editors of this Guide include War Crimes Research Office (WCRO) Director Susana SáCouto, WCRO Assistant Director Katherine Cleary, former WCRO Assistant Director Anne Heindel, former WCRO Director John Cerone, Washington College of Law (WCL) Professor Diane Orentlicher and WCL Professor Robert Goldman. The following WCL students and graduates also contributed to its production: Ewen Allison, Katrina Anderson, Katharine Brown, Agustina Del Campo, Tejal Jesrani, Robert Kahn, Chante Lasco, Solomon Shinerock and Claire Trickler- McNulty. Mann Sovanna oversaw translation of the Khmer edition. We are grateful for the generous support of the Open Society Justice Initiative and the Open Society Burma Project/Southeast Asia Initiative, without which this project would not have been possible. About the War Crimes Research Office The core mandate of the War Crimes Research Office is to promote the development and enforcement of international criminal and humanitarian law, primarily through the provision of specialized legal assistance to international criminal courts and tribunals. The Office was established by the Washington College of Law in 1995 in response to a request for assistance from the Prosecutor of the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), established by the United Nations Security Council in 1993 and 1994 respectively. Since then, several new internationalized or “hybrid” war crimes tribunals—comprising both international and national personnel and applying a blend of domestic and international law—have been established under the auspices or with the support of the United Nations, each raising novel legal issues. -
The Relationship Between International Humanitarian Law and the International Criminal Tribunals Hortensia D
Volume 88 Number 861 March 2006 The relationship between international humanitarian law and the international criminal tribunals Hortensia D. T. Gutierrez Posse Hortensia D. T. Gutierrez Posse is Professor of Public International Law, University of Buenos Aires Abstract International humanitarian law is the branch of customary and treaty-based international positive law whose purposes are to limit the methods and means of warfare and to protect the victims of armed conflicts. Grave breaches of its rules constitute war crimes for which individuals may be held directly accountable and which it is up to sovereign states to prosecute. However, should a state not wish to, or not be in a position to, prosecute, the crimes can be tried by international criminal tribunals instituted by treaty or by binding decision of the United Nations Security Council. This brief description of the current legal and political situation reflects the state of the law at the dawn of the twenty-first century. It does not, however, describe the work of a single day or the fruit of a single endeavour. Quite the contrary, it is the outcome of the international community’s growing awareness, in the face of the horrors of war and the indescribable suffering inflicted on humanity throughout the ages, that there must be limits to violence and that those limits must be established by the law and those responsible punished so as to discourage future perpetrators from exceeding them. Short historical overview International humanitarian law has played a decisive role in this development, as both the laws and customs of war and the rules for the protection of victims fall 65 H. -
Law of Armed Conflict
Lesson 1 THE LAW OF ARMED CONFLICT Basic knowledge International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org Original: English – June 2002 INTRODUCTION TO THE LAW OF ARMED CONFLICT BASIC KNOWLEDGE LESSON 1 [ Slide 2] AIM [ Slide 3] The aim of this lesson is to introduce the topic to the class, covering the following main points: 1. Background: setting the scene. 2. The need for compliance. 3. How the law evolved and its main components. 4. When does the law apply? 5. The basic principles of the law. INTRODUCTION TO THE LAW OF ARMED CONFLICT 1. BACKGROUND: SETTING THE SCENE Today we begin a series of lectures on the law of armed conflict, which is also known as the law of war, international humanitarian law, or simply IHL. To begin, I’d like to take a guess at what you’re thinking right now. Some of you are probably thinking that this is an ideal opportunity to catch up on some well-earned rest. “Thank goodness I’m not on the assault course or on manoeuvres. This is absolutely marvellous. I can switch off and let this instructor ramble on for 45 minutes. I know all about the Geneva Conventions anyway – the law is part of my culture and our military traditions. I really don't need to listen to all this legal ‘mumbo jumbo’.” The more sceptical and cynical among you might well be thinking along the lines of a very famous orator of ancient Rome – Cicero. -
An Analysis of the Extent of Presidential Power in Regard to Drone Strikes Kaitlyn Dugas
Eastern Michigan University DigitalCommons@EMU Senior Honors Theses Honors College 2014 An Analysis of the Extent of Presidential Power in Regard to Drone Strikes Kaitlyn Dugas Follow this and additional works at: http://commons.emich.edu/honors Part of the American Politics Commons Recommended Citation Dugas, Kaitlyn, "An Analysis of the Extent of Presidential Power in Regard to Drone Strikes" (2014). Senior Honors Theses. 392. http://commons.emich.edu/honors/392 This Open Access Senior Honors Thesis is brought to you for free and open access by the Honors College at DigitalCommons@EMU. It has been accepted for inclusion in Senior Honors Theses by an authorized administrator of DigitalCommons@EMU. For more information, please contact lib- [email protected]. An Analysis of the Extent of Presidential Power in Regard to Drone Strikes Abstract Considerable controversy exists regarding the use of drones by the United States of America in the targeted killings of individuals overseas, including American citizens. The onc stitutionality of such strikes comes into question as well as whether the President even possesses adequate power, whether unitary or granted, to order the strikes against not only American citizens, who are obviously protected by the Constitution, but also foreigners to whom the Constitution may or may not apply. This study will take a look at presidential power from the perspective of each of the three branches of government within the United States and from the viewpoint of International Law in order to understand how much power the President actually has to order targeted killings. This analysis is followed by a case study. -
Rethinking the Drone War
RETHINKING THE DRONE WAR RETHINKING THE DRONE WAR NATIONAL SECURITY, LEGITIMACY, AND CIVILIAN CASUALTIES IN U.S. COUNTERTERRORISM OPERATIONS LARRY LEWIS DIANE M. VAVRICHEK A joint publication of CNA and Marine Corps University Press MCUP MARINE CORPS UNIVERSITY PRESS Quantico, Virginia 2016 This book represents the best opinion of the authors at the time of printing. The views and opinions are the authors’ own, and do not necessarily represent those of CNA, the Department of the Navy, the U.S. Marine Corps, Marine Corps University, or the U.S. government. MCUP MARINE CORPS UNIVERSITY PRESS Marine Corps University Press CNA Corporation 111 South Street Arlington, VA 22201 www.usmcu.edu/mcupress www.cna.org 1st printing, 2016 Library of Congress Cataloging-in-Publication Data Names: Lewis, Larry L. (Lawrence L.), author. | Vavrichek, Diane, author. Title: Rethinking the drone war : national security, legitimacy, and civilian casualties in U.S. counterterrorism operations / Larry Lewis, Diane Vavrichek. Other titles: National security, legitimacy, and civilian casualties in U.S. counterterrorism operations Description: Quantico, VA : CNA and Marine Corps University Press, [2016] | Includes index. Subjects: LCSH: Drone aircraft--United States--History. | Drone aircraft--Government policy--United States. | Drone aircraft--Moral and ethical aspects--United States. | Uninhabited combat aerial vehicles--Government policy--United States. | Terrorism--Prevention--Government policy--United States. | Targeted killing--Government policy--United -
The Humanitarian Impact of Drones
THE HUMANITARIAN IMPACT OF DRONES The Humanitarian Impact of Drones 1 THE HUMANITARIAN IMPACT OF DRONES THE HUMANITARIAN IMPACT OF DRONES © 2017 Women’s International League for Peace and Freedom; International Contents Disarmament Institute, Pace University; Article 36. October 2017 The Humanitarian Impact of Drones 1st edition 160 pp 3 Preface Permission is granted for non-commercial reproduction, Cristof Heyns copying, distribution, and transmission of this publication or parts thereof so long as full credit is given to the 6 Introduction organisation and author; the text is not altered, Ray Acheson, Matthew Bolton, transformed, or built upon; and for any reuse or distribution, these terms are made clear to others. and Elizabeth Minor Edited by Ray Acheson, Matthew Bolton, Elizabeth Minor, and Allison Pytlak. Impacts Thank you to all authors for their contributions. 1. Humanitarian Harm This publication is supported in part by a grant from the 15 Foundation Open Society Institute in cooperation with the Jessica Purkiss and Jack Serle Human Rights Initiative of the Open Society Foundations. Cover photography: 24 Country case study: Yemen ©2017 Kristie L. Kulp Taha Yaseen 29 2. Environmental Harm Doug Weir and Elizabeth Minor 35 Country case study: Nigeria Joy Onyesoh 36 3. Psychological Harm Radidja Nemar 48 4. Harm to Global Peace and Security Chris Cole 58 Country case study: Djibouti Ray Acheson 64 Country case study: The Philippines Mitzi Austero and Alfredo Ferrariz Lubang 2 1 THE HUMANITARIAN IMPACT OF DRONES Preface Christof Heyns 68 5. Harm to Governmental It is not difficult to understand the appeal of Transparency Christof Heyns is Professor of Law at the armed drones to those engaged in war and other University of Pretoria. -
Collateral Damage and Radicalization Process: a Case of American Drone Strikes Policy in FATA, Pakistan
Global Regional Review (GRR) URL: http://dx.doi.org/10.31703/grr.2019(IV-II).51 Collateral Damage and Radicalization Process: A Case of American Drone Strikes Policy in FATA, Pakistan Vol. IV, No. II (Spring 2019) | Pages: 478 ‒ 488 | DOI: 10.31703/grr.2019(IV-II).51 p- ISSN: 2616-955X | e-ISSN: 2663-7030 | ISSN-L: 2616-955X Ayaz Ali Shah* Tila Mohammad† Muhammad Saleem‡ This research is about the drone strikes conducted by the U.S. government in the FATA region of Pakistan from Abstract Afghanistan. Though FATA is not a declared war zone, the U.S. still continues to carry out drone attack there for a comparative number advantage of drone technology. This war tactic has been very effective in targeting some high-profile terrorists; it is not without side effects. There is a consensus of opinion that drones have killed numerous civilians in the process of targeting the terrorists. This research tries to develop an understanding of how collateral damage may work to the advantage of non-state actors and terrorist organizations and how it helps fuel the process of radicalization in the aggrieved community. Data is collected through secondary sources. It is a source of radicalization of aggrieved people who resort to revenge the death of their dear ones. Key Words: Drone strikes, collateral damage, FATA, Afghanistan, Radicalization Introduction The attack on the World Trade Center in America, a potent symbol of western capitalism, on September 11, 2001, marked a significant transformation in policies to counter and defeat terrorism. In a swift response, the then U.S. -
Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org. Rome Statute of the International Criminal Court Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int Rome Statute of the International Criminal Court Table of Contents PREAMBLE 1 PART 1. ESTABLISHMENT OF THE COURT 2 Article 1 The Court 2 Article 2 Relationship of the Court with the United Nations 2 Article 3 Seat of the Court 2 Article 4 Legal status and powers of the Court 2 PART 2. -
Use of Unmanned Air, Maritime and Land Platforms by the Australian
Chapter 2 Background Introduction 2.1 This chapter will provide a background to the inquiry including the increasing use of military unmanned platforms, use of unmanned aerial vehicles (UAVs) by the United States (US), the proliferation of UAV capability and ADF use of unmanned platforms. Terminology 2.2 While popularly referred to as 'drones', unmanned platforms are an area of defence technology rich in acronyms and abbreviations. The range of terminology has been increased by a differing focus on the unmanned vehicle/unit itself and the associated systems of communication and control. In particular, the numbers and categories of UAV (also referred to as remotely piloted aircraft (RPA) or unmanned aircraft systems (UAS)) have soared in recent years. For convenience, the term 'unmanned platform' has been used in the committee's report to refer to all complex remotely operated devices and their associated communication and control systems. Unmanned platforms 2.3 Unmanned platforms often have a number of common characteristics. These include the structure of the platform itself, the external control system (such as a ground control station), the communications system which links to the control system, and the payload (which could include sensors or munitions). Automated functions are also often incorporated such as waypoint navigation via GPS. 1 Figure 2.1. Visualisation of UAV communications. 1 Extracted from Alberto Cuadra and Criag Whitlock, 'How drones are controlled', The Washington Post, 20 June 2014. 6 2.4 There are differing views on the first uses of unmanned platforms in a military context.2 Notably, in the 1950s, the Australian Government Aircraft Factory produced advanced 'target drones' (the GAF Jindivik) as part of an agreement with the United Kingdom (UK) for guided missile testing. -
NEEDLESS DEATHS in the GULF WAR Civilian Casualties During The
NEEDLESS DEATHS IN THE GULF WAR Civilian Casualties During the Air Campaign and Violations of the Laws of War A Middle East Watch Report Human Rights Watch New York $$$ Washington $$$ Los Angeles $$$ London Copyright 8 November 1991 by Human Rights Watch. All rights reserved. Printed in the United States of America. Cover design by Patti Lacobee Watch Committee Middle East Watch was established in 1989 to establish and promote observance of internationally recognized human rights in the Middle East. The chair of Middle East Watch is Gary Sick and the vice chairs are Lisa Anderson and Bruce Rabb. Andrew Whitley is the executive director; Eric Goldstein is the research director; Virginia N. Sherry is the associate director; Aziz Abu Hamad is the senior researcher; John V. White is an Orville Schell Fellow; and Christina Derry is the associate. Needless deaths in the Gulf War: civilian casualties during the air campaign and violations of the laws of war. p. cm -- (A Middle East Watch report) Includes bibliographical references. ISBN 1-56432-029-4 1. Persian Gulf War, 1991--United States. 2. Persian Gulf War, 1991-- Atrocities. 3. War victims--Iraq. 4. War--Protection of civilians. I. Human Rights Watch (Organization) II. Series. DS79.72.N44 1991 956.704'3--dc20 91-37902 CIP Human Rights Watch Human Rights Watch is composed of Africa Watch, Americas Watch, Asia Watch, Helsinki Watch, Middle East Watch and the Fund for Free Expression. The executive committee comprises Robert L. Bernstein, chair; Adrian DeWind, vice chair; Roland Algrant, Lisa Anderson, Peter Bell, Alice Brown, William Carmichael, Dorothy Cullman, Irene Diamond, Jonathan Fanton, Jack Greenberg, Alice H.