Human Rights Watch demand overhaul of CIA drone policy

The US government should transfer Central Intelligence Agency (CIA) command of aerial drone strikes to the armed forces and clarify its legal rationale for targeted killings, Human Rights Watch said today in a letter to President Barack Obama.

"CIA drone strikes have become an almost daily occurrence around the world, but little is known about who is killed and under what circumstances," said James Ross, legal and policy director at Human Rights Watch. "So long as the US resists public accountability for CIA drone strikes, the agency should not be conducting targeted killings."

In the decade since the September 11, 2001 attacks, the Bush and Obama administrations have engaged in a campaign of "targeted killings" aimed at specific individuals. Estimates of the number of deaths of alleged al Qaeda members, other armed group members, and civilians from US targeted killings range from several hundred to more than two thousand.

Most of these attacks are believed to have occurred in Pakistan, Afghanistan, Somalia, and Yemen using unmanned aerial vehicles, or drones, armed with missiles and laser-guided bombs.

The lawfulness of a targeted killing hinges in part on the applicable international law, which is determined by the context in which the attack takes place, Human Rights Watch said.

"The laws of war permit attacks during situations of armed conflict only against valid military targets. Attacks causing disproportionate loss of civilian life or property are prohibited. During law enforcement situations, international human rights law permits the use of lethal force only when absolutely necessary to save human life. Individuals cannot be targeted with lethal force merely because of past unlawful behaviour, but only for imminent or other grave threats to life when arrest is not reasonably possible," HRW said.

The CIA's increasing role in targeted killings using drones in Pakistan and other countries with no transparency or demonstrated accountability raises grave concerns about the lawfulness of the attacks, Human Rights Watch said.

"While the laws of war do not prohibit intelligence agencies from participating in combat operations, states are obligated to investigate credible allegations of war crimes and provide redress for victims of unlawful attacks...

"Unsupported claims by administration officials that all US agencies involved in targeted killings are complying with international law are wholly inadequate," Ross said. "By failing to adopt policies and practices that demonstrate compliance with international law, the US raises doubts among its allies about the lawfulness of its actions and creates a dangerous model for abusive governments."

About 40 other countries currently possess basic drone technology, and the number is expected to expand significantly in coming years. These drones are primarily used for surveillance. China, France, Germany, India, Iran, Israel, Italy, Russia, Turkey, and the United Kingdom either have or are currently seeking drones with attack capability.