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A case against US drone attacks
The drone strikes are the use of force by representatives of one nation state against the civilians of another.
The writer is a lawyer practicing in London. He was the first Pakistani president of the Cambridge Union at Cambridge University, where he read history
Drone strikes, by the CIA or other US civilian agencies, against individuals and groups in Pakistan’s tribal areas, are the use of force by the representatives of one nation state against the civilians of another, a course of action proscribed by the UN charter. The contention here is that these US actions violate Pakistani sovereignty; that such actions are illegal under international treaties that the US has ratified; and that the defences put forward do not withstand scrutiny. Further, drone strikes are undermining the international community’s efforts to persuade Pakistanis that the fight against terrorists within their borders is a fight that must be fought for the sake of the future peace and prosperity of their country. Finally, by allowing the US to carry out its dirty work, the Pakistani government is evading the larger question as to what its role should be in apprehending those who may cause death and destruction within the borders of the state.
If these drone attacks were carried out by Iran or North Korea, they would cause international outrage and, most likely, a unanimous Security Council resolution permitting the use of force against that country. That these attacks are carried out by the CIA does not change the rule of law to which the US and all other signatories to the UN charter are subject. Two defences have been put forward (both of which are valid grounds for using force as permitted by the UN charter): that the US is acting in self-defence and that the Pakistani government has asked for US assistance to deal with a domestic situation, thus consenting to drone strikes. The most significant flaw in the first defence is that it is difficult to establish that there is a clear and present danger to US citizens or assets from individuals operating in Pakistan’s border regions at the time the drone strikes occur. Also, the strikes are pre-emptive, intended to prevent attacks on US personnel operating in the tribal areas. This does not constitute defence, but attack. No due process is carried out when suspected terrorists are killed by high-altitude drones, based on evidence rarely disclosed because of ‘operational reasons’. If the United States and Pakistan are acting in a just manner, then justice must be seen to be done.
The other defence used by America is that the Pakistani government has consented to such action. However, the Pakistani government regularly denies giving such consent and a legal defence based on consent is meaningless if the party who is supposed to have given consent denies it. Whether the Pakistani government is even competent to give such consent is a separate question altogether. What is clear is that neither defence has sufficient credibility to make the US actions indisputably legal.
Even if it can be argued that the drone strikes are legal, they remain strategically flawed. If the aim of the AfPak strategy is to gain domestic support against terrorism and extremism, using both instruments of hard and soft power, then the instrument of drone strikes is undercutting all others. The strikes allow certain extreme, but nevertheless popular, elements of Pakistani civil society to argue that their supine government has once again abrogated all responsibility in the face of American pressure. This lends further credence to views held by certain Pakistanis that America is leading a war on Muslims, on the tribal way of life and on Pakistan’s culture and traditions under the guise of a war on terrorism. These views are buttressed when the remote and clinical nature of drone attacks is sensationalised on nightly news bulletins. It is undeniable that elements of the civilian population in the tribal areas of northwest Pakistan are harbouring individuals and groups whose stated aims are the downfall of the Pakistani government and the destabilisation of Pakistani society. It is equally undeniable that this civilian population is unlikely to feel any sympathy whatsoever for the political aims of Islamabad and Washington, when the only face of those aims is the business end of a Hellfire missile. Pakistanis must be convinced by their leaders and by international stakeholders (such as the US) that by harbouring terrorists they undermine their own chances for peace and prosperity. The horrendous numbers of innocents killed by terrorists in various attacks on urban centres should demonstrate this without question. But when hundreds are also killed by drone strikes, it is not surprising that the message is lost.
The sovereign integrity of the Pakistani state is part of a bigger question that Pakistanis need to answer. The method of dealing with those who conspire to commit criminal acts should be as prescribed by the laws of Pakistan and they should not be dealt with in a rough and ready form which has no place in a twenty-first century republic. When the Taliban controlled the Swat valley, they beat young girls and hanged men from lamp posts for alleged crimes, with no regard for the rules of habeas corpus or of establishing guilt by trial. When US-controlled predator drones attack suspected terrorists, they are meting out a similar form of arbitrary ‘justice’. The complicity of the Pakistani government in these actions (as they were complicit in the actions of the Taliban in Swat until forced to take action) demonstrates, in a crude fashion, to Pakistanis that their government cares nothing for its most fundamental duty: protecting their lives.
Although the Pakistani government may regularly fail to uphold the rule of law, this is no justification for the US government to carry out activities that further reinforce this failing. The American government should demonstrate to ordinary Pakistanis that they will not condone activities that are in flagrant violation of international law, and instead uphold principles which, incidentally, America keeps on insisting that Pakistan itself adhere to.
Published in The Express Tribune, January 21st, 2011.
Reader Comments (25)
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“Although the Pakistani government may regularly fail to uphold the rule of law, this is no justification for the US government to carry out activities that further reinforce this failing.”
–> Pakistani Establishment is the right word to use NOT government. Government has no authority when it comes to Foreign Policy and Security issues. Poor Civilians! They can barely save their own lives from the Radicals who seem to be taking over, literally!
Pakistani Military has the capability to destroy these drones, but it chooses not to. It has even given Airbases from the Drones to take off from!
Pakistani Government is an instrument to absorb all the hostilities of the public, without them being able to control anything. Address the real power-brokers in Pakistan- The Military.Recommend
excellent piece!
Some bold narratives finally coming up. keep raising voice!Recommend
Yes, drone strikes are unfortunate and the fact that innocent civilians are caught in the crossfire is unfortunate. The USA gets no pleasure in killing innocent men, women, and children but is forced to do so due to lack of support by the Pakistani Army.
The Taliban and other extremists groups come into Afghanistan and attack the coalition forces present there. The USA employs drones to pursue and kill these militants who conveniently cross into Pakistan.
Instead of sending Pakistani Border Forces to pursue these militants, the Pakistani Army refuses to go into the Tribal Regions due in part to mullahs and there numerous fatwas and threats.
These militants know that the USA cannot send ground troops to pursue them so they hide out in the Tribal Areas and then promptly cross over into Afghanistan to attack the coalition forces once again.
The USA is sick and tired of this and therefore employs drones which pursue these militants into Pakistan and then kills them. However, these militants are cowards who cower behind civilians and use them as human shields.
Since the drones are unmanned, the drones fire missiles on militants and subsequently and unfortunately kill civilians.
As for the Pakistani government that demands drone technology, you really think America is that stupid? Back in the 1980s, Pakistan requested rather forcefully that all American aid be given directly to the Pakistani government who would then use the money to arm the mujaheddin.
Instead, the government restored to corruption and used the money to aid future militants such as the Taliban so that it could create a government loyal and subservient to Pakistan.
American has given Pakistan the technology needed in order to fight against militants, however, these weapons wind up in Kashmir and on the eastern border and is used not to fight militants but to keep India fearful of a Pakistani attack.
If you do take the time to read this, then thank you. However, I am doubtful that anyone cares for an explanation as many posters tend to jump to conclusions.Recommend
There is a serious flaw in this argument.
The North Waziristan and FATA areas are “lawless”, and beyond the jurisdiction of Pakistani government, police, courts, and its constitution.
There is an established law that prevails there … i.e. the law of the jungle where might is right and let the weak be killed. (That this law is packaged as ‘sharia’, is another tragedy)
So what is the problem if drones participates in this law of the land ?Recommend
Dear writer, Impressive, precise, erudite, brilliant article, a must read for those who live and abide by fundamental rights of human beings. Would you say the same with passion for those who support Salman Taseer’s murderer? I wish you would for you have a gift. ThanksRecommend
Drone strikes will continue to kill terrorists while Pakistanis discuss them over tea and halwa.Recommend
With crippling economy you talk about sovereign integrity? You know what would happen if they cut our cash?Recommend
either Pakistan should shoot down these drones violating their air space(I am sure Pakistani army is that much capable),or they should bring their own N waziristan under control(i am not sure Pak army is ready for this).these are the only two ways to bring these attacks to a halt..Recommend
A brilliant piece!Recommend
It’s a little late “to do the right thing”, both for the Pakistani govt. and the US. The proverbial dye, i’m afraid, has been cast. Not that it was ever in doubt but no amount of denials by the Pak govt. would convince the people otherwise, and where the Americans are concerned, they can stop worrying about winning “hearts and minds”, that dog, as they say in the good ol’ US of A, has jumped the fence.Tribal people have long memories, not that the mighty US will be in any mortal danger, after all what can these people do. But as far as the much ballyhooed US objective of realizing a stable Afghanistan, with a govt. in place that everyone can live with, civilian killings will only help radicalize people against anything seen as being US brokered. All this makes one wonder if the US really wants to stabilize this region or just leave enough feathers ruffled to have an excuse to come back here whenever it suits them. Case in point the first gulf war, just enough left undone to lay the groundwork for a second coming of the universal custodians of everything decent and humane or as it’s known in some circles, OIL. Anyhow the US is not in this region to make a moral statement, that just wouldn’t be capitalism. They are here for the long haul, and i don’t mean that in only the physical sense. When one concedes to this reality it becomes much easier to see why they could care less about winning hearts and minds or being directly complicit in further radicalizing the region. After all a peaceful region will leave no reason for the type of military presence the US will need to pursue it’s long term strategic interest. So make all the legal arguments and appeal to the sense of fairness whoever is paying attention, nothing will change, because all such arguments are based on the premise that the US presence in this region is somehow a noble force for greater good for all, because for all of it’s high minded pronouncements and self righteous justifications the US philosophy is very simple, might is always right. Recommend
Good that you voiced it. I hope we get heard this time.Recommend
Everyone knows that this drone strikes are performed with the full blessings of Government and Military of Pakistan, if there is really concern about the civilan deaths, ear-marked this article against the Governemnt and Military.Recommend
Can you, being a Lawyer Argue this case in front of UN- Human rights or any other court.
The CIA and US will produce proofs ( which obviously you would not have had access to while writing this article ) that the people in that area treat AL-Qaeda as Guests, knowing fully that they had planned and planning of killing of INNOCENT US CIVILIANS.
Why don’t You TRY filing CASE and Knowing the truth yourself first.
You should be doing more research before writing this. CIA and US are providing FULL PROOFS about the where abouts of Alqaeda and Taliban to Pakistan and the whole world.
If there was NO PROOF, by now millions like you people will be baying for blood of americans. Eventhough living and enjoying there kind of free society.Recommend
@peace on earth
Man that is “towing the line” if i ever saw anyone do it, my compliments. You must have a wonderful life, since you seem the type who will believe anything that makes him feel warm and fuzzy. You don’t work for FOX news by any chance do you? What sweeping claims to American goodness you make, have you ever thought about why they are here in the first place? Actually that is a hard one, it may require you to question their stated reasons and that, as is obvious from your post could prove to be extremely traumatic, so try thinking about why they went to Iraq ? That should be an easy one and if you find yourself convinced that it was to look for WMD’s, then let me be the first to inform you that “Santa clause” does not exist and nor does the “tooth fairy”. As for any moral high ground US propaganda has you convinced that they are perched upon, one can write a book, well actually people have written books, about American govt’s propensity to flat out lie to it’s own public to pursue what they conveniently claim to be in their “vital national interest”. I would strongly urge you to take a keen look at the American history and you will come across a pattern of deceit and lies. So before you start explaining to others how and why poor Americans are “forced” to “accidentally” kill unsuspecting civilians because the non compliance of Pakistani forces and then have to carry a heavy yet unavoidable moral burden of those “regretful” civilian casualties, please study your own history, and i don’t mean “watch a couple of hollywood war movies”, i mean really study your history and you will find that many of the US govt’s have never had any problem waging immoral and unjustified wars. So please save your patronizing and condescending attempts at educating us on the nuances and difficulties US forces are faced with and educate yourself.
@American
You revealed more about the real American attitude then you may realize. The “might is right ” principle is very apt for what the US has been doing for a while now. By the way the FATA is not lawless, if you think that, then i invite you bring your cowboy six shooter down there or whatever else you prefer and commit a crime and you can find out for yourself. By the way how are things on the crime and punishment front in the good ol’ US of A. Stopped ‘em all have you and all the guilty are punished are they? And what about the innocents, surely no innocents are getting what they don’t deserve? I ask this since you struck me as someone with a flawless moral compass, what with the heartfelt concern dripping from your comments about the plight of civilians being killed by the dozen every other day. But as i said at least you let your true colors shine through, didn’t hide behind some made up moral rationalization. Recommend
@amoghavarsha.ii
“People in the area treat Al-Qaeda as guests,knowing fully that they had planned and planning of innocent US civilians.”
Could you kindly give us, as you so eloquently put, FULL PROOF for making this claim and please inform us of which one these people was planning an attack on US civilians, as a matter of fact can you yourself even name a single person killed by these drone attacks and what that person was accused of. And by the way what about the tens of thousands killed in Iraq by the US in the guise of looking for the non-existent and never found WMD’S, does that meet your standard of FULL PROOF. Do you understand the point the writer is making or did you just want to extend your approval of civilian blood being spilled by immoral and unethical attacks because it happens to be Pakistani and that’s good enough for you? Even when a state of war exists between two countries there are laws and rules for the protection of civilians, yet you see nothing wrong with civilian killings by US drones in Pakistan even though they are not at war? Recommend
America is doing with the cosent of pak govt and army.pak govt allow them on papers and army provided their base camps for flying and load missiles.why is america heree.just because there are terrorists here.why dont pak govt and army finish them by thereselves.one day pakistan nurtured them and now they are killing pakistani forces and innocent man.it is always recommended not to feed milk to snakes.
And human right activists must blame pak govt and army not america.if anyone in pakistan has guts go and stop america.never forget pakistan is surviving on america’ money not of china’ or theirsRecommend
Nonsense articles who’s fundamental argument that civilians are the target is foolish. The drones are targeting “militants” who have de facto sanctuary in Pakistan (which BTW would be considered an act of war by many).Recommend
The drone attacks are fully supported and encouraged by Pakistani government and army.
The government has the the capacity atleast to protest, and army is capable of shooting them down. Have you ever heard our close and darling friend China criticism about these drone strikes? This is all international politics which mortals like us never understand.
Subhan Basha Recommend
@ Kamran A.
First of all, Iraq is a different conflict that many Americans as well as people worldwide did not support. Surely you might have seen the massive protests in Los Angles, Chicago, and New York City AGAINST the Iraq invasion!
As for the drone strikes, read my post carefully. As soon as the Pakistani Army coordinates attacks into the NWFTP and tribal regions to rid them of militants and as soon as tribes stop sheltering militants, the drone strikes will stop.
If Pakistan were to do what it is supposed to do and America doesn’t stop drone attacks, then I will along with other people around the world voice our concerns and demand that they stop.
Also, you’re saying that America only cares about itself. Fine, yes it has made mistakes but look at Pakistan.
The Pakistani government supported the Taliban because they wanted to control Afghanistan through a proxy. Also, if Pakistan really cares about stopping militants in our country than why do we mass troops along the border to the east?
India is NOT our real enemy. Stop listening to conspiracy theorist! Why not stop supporting militants and playing a double game?
We accept aid and Pakistanis constantly flock to the west (England, USA, etc) and yet we want to continue to criticize America?
Doesn’t make sense…
Again, NOT all Americans supported the Iraq war. The USA is in Afghanistan because Osama is there and he orchestrated a massive attack on US soil. Also, don’t give me that conspiracy theory line that 9/11 didn’t happen.
It did! Innocent women, men, and children some even Muslims, yes Muslim as well as Pakistanis were killed that day.Recommend
i thnk drone attacks r necessary considerin tht pakistan army has not undertaken offensive in N warizisthanRecommend
@peace on earth
I was going to post a detailed response to your reply but it would require way too much space and secondly i can see that it will not have any affect. You seem incapable of questioning America. You throw around terms like “conspiracy theory” to reassure yourself that what ever fantastical version of the facts you believe must be true. Let me just say, that the US govt. has a history of lying, in order to justify their policies, a glaring example of which was their rationale for invading Iraq. But their is no sense in prolonging an argument in this forum, if you really wanted to understand 9/11 and the reasons behind it you could find out for yourself., there is plenty written and said by many noted scholars and public figures. The official version does not stand up to scientific scrutiny. My contention remains that the fundamental rationale for American presence in Iraq or Afghanistan is based upon lies, concocted to facilitate the pursuit of policies that cannot be defended legally or morally, hence any arguments regarding the operational details to achieve these goals, such as reasons and justifications for drone attacks is a waste of time. When someone does something they shouldn’t be doing in the first place , you condemn there wrongful actions, you don’t start arguing about operational details.Recommend
@ Kamran A.
Okay, with the Iraqi invasion, as I have mentioned previously, many Americans were against the Bush administrations decision to invade the country. Due to misinformation from a now unreliable Iraqi source known as Curveball, Bush decided to invade Iraq.
However, it seems to me you’re under the impression that ALL Americans supported the war in Iraq and as I have mentioned it is not so. Perhaps you may have missed the reports by CNN, BBC, and other news agencies showing the masses protesting near the Capitol and other major cities because like me, other Americans felt that the Iraq war was unjustified.
Iraq was the decision made by a US President and his advisers and NOT the entire country. Many Senators were against the war and did all they could to prevent the invasion from happening.
You talk about the US government which has a history of lying, yes it does but so does our Pakistani government. The Pakistani government is not holier than the US, in fact they are probably on the same level in terms of incompetence.
Enough derailment, the issue in this article is about the use of drones and I have made in very clear that I think it is unfortunate that innocent civilians are caught in the cross-fire do to inaction by the Pakistani military in the tribal regions.
Former President Musharraf made it clear to tribal leaders that they are not to shelter militants that are raising havoc within Pakistan and elsewhere. If anyone is to blame for the monster that has been created such as the Pakistani Taliban than it is Zia ul Haq and his radical Islamic policies as well as other Pakistani leaders who wanted to create a pro-Pakistani regime in Afghanistan instead of an Afghan nation which was friendly with India.
I will say that until our Pakistani politicians realize that India is NOT our enemy but it is radical Islamic militants, than nothing will ever be accomplished and innocent people will continue to die.
Pakistan must also realize that the Gulf States view our own emigrants as nothing but cheap labor and treat them very badly and strip them of there rights. It is an embarrassment that our government accepts money and aid from these Gulf States while they continue to exploit there labor.Recommend
@Kamran A
Lucky you! You have guardian angels protecting you in the moderators’ room otherwise you would have been able to see hollowness of your assertions!Recommend
@G.Din
The only hollow assertions here sir, are your comments. Recommend
Its funny how so many Indians have the time to browse Pakistani media sites and leave comment after comment :-/
Guess the economy isn’t doing too well there, after all.Recommend