In search of a legal framework: UN opens probe into impact of drone attacks

Inquiry to examine abuse of human rights, says Foreign Office.

LONDON:

The UN’s envoy on counter-terrorism and human rights has launched an investigation into the impact of drone strikes on civilians, aimed at securing accountability when attacks have gone “badly wrong”.

Ben Emmerson, a British lawyer and United Nations special rapporteur, said the huge expansion in the technology behind unmanned planes, and consequently their increasing use, required a new legal framework.

“The plain fact is that this technology is here to stay, and its use in theatres of conflict is a reality with which the world must contend,” he told reporters in London.

“It is therefore imperative that appropriate legal and operational structures are urgently put in place to regulate its use in a manner that complies with the requirements of international law.”

CIA drone attacks in Pakistan have killed up to 3,461 people since 2004, according to Britain’s Bureau of Investigative Journalism, up to 891 of them civilians, including 176 children.

The UN envoy’s investigation will focus on 25 case studies of attacks in Pakistan as well as Afghanistan, the Palestinian territories, Somalia and Yemen.

Its main objective is to examine evidence that drone strikes can cause disproportionate civilian casualties, and come up with recommendations on the duty of states to investigate such allegations.



Emmerson said the inquiry would not just focus on the United States and Israel, as 51 states now had the technology to carry missiles on drones.

The 25 case studies will be examined to see if there was “a plausible allegation of unlawful killing that should trigger the international law obligations to investigate”, Emmerson said. He will then put any allegations to the relevant states for a response before reporting to the UN General Assembly in October.

‘Reviewing rights violation’   

Pakistan confirmed that the United Nations special rapporteur is undertaking an inquiry into the human rights violations caused by drone strikes.

Foreign Office spokesman Moazzam Ali Khan in his weekly press briefing, said the inquiry was part of a broader mandate given to Emmerson by the UN Human Rights Council to examine abuse of human rights while countering terrorism.

He reiterated that Pakistan regarded drone strikes a violation of its sovereignty and territorial integrity. “These have no legality and are counter-productive.” He said this issue had been a constant source of concern for Pakistan.

Published in The Express Tribune, January 25^th, 2013.