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UK Court’s Drone Ruling Shows the Law Is an Ass

By Clive Stafford Smith | Huffington Post | January 21, 2014

… There are various ways in which modern law is not married to good sense. For example, one opinion of the United States Supreme Court tells us that your innocence is not constitutionally relevant to whether you should be executed. But recently, British courts have rivalled their counterparts across the pond in competing for the most senseless judgment. The latest example came just yesterday, when three British judges said they could not rule on whether British officials were complicit in murdering Pakistani civilians in US drone strikes because that might embarrass our friends in America.

The case involves a Pakistani called Noor Khan. I have met him. A habitually calm young man, he was understandably incensed when his father was killed – in one of the catastrophes of the US drone age – in the region of Pakistan that borders on Afghanistan. The drone strike was patently illegal; there is no war with Pakistan, and the Predator drone fired hellfire missiles that killed some fifty innocent elders who were holding a jirga or local council meeting, peacefully trying to resolve a local dispute over a chromite mine.

It was the equivalent of bombing the High Court in London. It was both the domestic crime of murder, and the international war crime of targeting civilians.

Sad to say, there is evidence that the British security services have been supplying the US with intelligence that has led to a number of these strikes. The simple claim that Khan was making, too late to save his father, was that GCHQ should not be allowed to do this if their own actions violate British and international law.

British domestic law criminalises the “intentional encouraging or assisting” of the crime of murder. The International Criminal Court Act of 2001 defines one crime against humanity as a mass killing of members of a civilian population. Another is an intentional attack against a person not taking a direct part in hostilities.

Those whose actions are being questioned are not soldiers risking their lives fighting a legal war (who are therefore covered by combatant immunity); they are intelligence officers who, sitting comfortably in Cheltenham over a cup of coffee, are instrumental in one of the most serious criminal acts. … Full article

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January 22, 2014 Posted by | War Crimes | , , , , , , | Leave a comment

US drones “terrorize” communities: study

Al Akhbar | September 25, 2012

The US government’s drone program in Pakistan “terrorizes” local communities, kills large numbers of civilians and drives anti-American fervor in the country, a new study by the law schools of Stanford and New York University finds.

The study, titled “Living Under Drones,” finds that Pakistanis living in affected areas are afraid to attend public gatherings such as weddings and funerals as ground operators that guide the unmanned aircraft frequently mistake them as groups of al-Qaeda-linked fighters.

“Their presence terrorizes men, women, and children, giving rise to anxiety and psychological trauma among civilian communities,” the study reads. “Those living under drones have to face the constant worry that a deadly strike may be fired at any moment, and the knowledge that they are powerless to protect themselves.”

It adds: “These fears have affected behavior. The US practice of striking one area multiple times, and evidence that it has killed rescuers, makes both community members and humanitarian workers afraid or unwilling to assist injured victims.”

The study is based on interviews with victims, witnesses, humanitarian workers and medical professionals compiled over a nine-month period.

Drone attacks began being carried out in Pakistan under former US President George W. Bush, but the policy has been popularized under Barack Obama despite previous reports that they lead to a high number of civilian casualties.

There has been a dramatic increase in US drone strikes in Pakistan since May, when a NATO summit in Chicago failed to strike a deal to end a six-month blockade on convoys transporting supplies to coalition forces in Afghanistan.

This most recent study cites figures compiled by the Bureau for Investigative Journalism that finds between 2,562 and 3,325 people were killed in Pakistan between June 2004 and mid-September this year. Among them, between 474 and 881 were civilians, including 176 children.

In addition to the deaths, the bureau estimates that 1,300 people were injured in drone attacks in the same period.

It also refutes US claims that the drone program has made Americans safer through the targeted assassinations of dangerous militants.

“The dominant narrative about the use of drones in Pakistan is of a surgically precise and effective tool that makes the US safer by enabling ‘targeted killings’ of terrorists, with minimal downsides or collateral impacts. This narrative is false,” the report states.

The study estimates that the number of “high-level” militants killed in drone attacks stands at just two percent, and that the strikes help facilitate recruitment to anti-US militant groups.

The UK-based Reprieve organization commissioned and helped write the report.

Clive Stafford Smith, director of the organization said: “An entire region is being terrorized by the constant threat of death from the skies. Their way of life is collapsing. Kids are too terrified to go to school, adults are afraid to attend weddings, funerals, business meetings, or anything that involves gathering in groups.”

He added: “George Bush wanted to create a global ‘war on terror’ without borders, but it has taken Obama’s drone war to achieve his dream.”

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September 25, 2012 Posted by | Illegal Occupation, Militarism, Progressive Hypocrite, Subjugation - Torture, Timeless or most popular, Video, War Crimes | , , , , | Leave a comment

Hague to be sued for aiding US drone attacks in Pakistan

Press TV – March 12, 2012

A rights group and a law firm are set to take legal action against British Foreign Secretary William Hague over his alleged the contribution of intelligence in assisting US assassination drone strikes in Pakistan.

The London-based charity Reprieve and the law firm Leigh Day & Co. confirmed on Monday that they will issue formal proceedings at the High Court on behalf of Noor Khan, a Pakistani man whose father was killed by a US strike.

The law firm says it has credible evidence that Hague oversaw a policy of passing British intelligence to American forces planning attacks in Pakistan.

Lawyers claim that civilian staff at Britain’s electronic listening agency (GCHQ) could be liable as “secondary parties to murder” as they provided “locational intelligence” to the CIA in directing its drone attacks.

Malik Daud Khan was killed by a drone strike in northwest Pakistan in March 2011 while attending a gathering of elders. More than 40 other people were also killed in the attack.

“What has the government got to hide? If they’re not supplying information as part of the CIA’s illegal drone war, why not tell us?” Reprieve director Clive Stafford Smith said.

The British Foreign Office and GCHQ have refused to comment on the case, saying they could not speak about ongoing legal proceedings or intelligence matters.

The US regularly carries out attacks by unmanned aircraft on Pakistan’s tribal regions, claiming the airstrikes target militants allegedly affiliated to the Taliban and al-Qaeda terrorist groups.

This is while locals say civilians are the main victims of the strikes. Pakistanis say drone attacks violate their sovereignty.

March 12, 2012 Posted by | War Crimes | , , , , , | 1 Comment