Organized by the Congressional Progressive CaucusBy George Zornick
Beaver County Peace Links via The Nation
May 9, 2013 - Serious, public explorations of the United States’ drone policy are uncommon in Washington, to say the least—but on Wednesday the Congressional Progressive Caucus held a hearing on Capitol Hill that was remarkable for its breadth and critical approach to current policy. The thrust of the hearing was to ask the administration to both limit the scope of its drone strike policy and be transparent about what it is doing.
(1) In the video above, Yemeni human rights activist Baraa Shiban spoke directly to the very real toll drone strikes are taking in his country. He said:
Another reason strikes are more damaging than the US realizes is that, while the US may not be acknowledging or discussing dead civilians, Yemenis are.…(2) Adam Baron, a freelance journalist based in Yemen, expanded on how civilian casualties from drone strikes are providing a useful recruitment tool for extremist groups, and drew on his reporting there:
The farmers from Sabool showed us videos of people pulling charred bodies from the wreckage. They were scarcely recognizable. But besides the horror of it all, one thing struck me about the footage I watched. In it, you could see many Yemeni farmers gathered around the carnage filming exactly the same thing.
This is how stories of US injustice percolate through Yemen. Terrible images like those I saw can take on a life of their own. US aid reaches these areas rarely, if ever.… This is not a pointless popularity contest for America. Every lethal mistake the US makes is kerosene for an insurgency. And it all comes at a critical time for Yemen.
For the civilians under the crossfire, anxieties provoked by fears of another ‘mistake’, continue to fuel distrust and resentment against the US and Yemeni governments, rather than against AQAP. In some areas, AQAP has managed to reap the benefits from such sentiments. The situation in al-Baydah is particularly telling. In a recent military offensive, swaths of tribesmen in the area opted to fight the government on the side of Al Qaeda, rather than cooperate with US forces to push the militants out.(3) Naureen Shah, the acting director of the Columbia Law School Human Rights clinic, addressed in her testimony the importance of establishing routine investigations of civilian casualties from drone strikes—both to comply with international law but also to dignify the concerns of local communities. She stressed these investigations must be public and transparent:
“Some tribesmen are fighting the army even more than Al Qaeda is,” a contact from the area told me at the nascence of the winter military push. “People are angry about drone strikes and condemn foreign intervention. Al Qaeda has really been able to build popular sympathy.”
Moreover, established systems to investigate war crimes and serious violations of the laws of war would build legitimacy into the Administration’s position that drone strikes are conducted in compliance with international humanitarian law. Adequate investigation systems would address some of the concerns of cooperating governments and help allay the international community’s concerns.Reading this for free? Chip in—fight the right with our reader-supported journalism.
Secret or unacknowledged investigations would likely be insufficient to address the moral dimensions I have identified. Secret investigations cannot provide dignity and a sense of justice to communities impacted by drone strikes. Secret investigations do not provide answer to widely publicized reports of particular cases of civilian casualties from drone strikes, which cause the United States to lose credibility on the world stage and appear deaf to criticism. Whereas the results of investigations can ordinarily be aggregated and systematically analyzed to determine the validity of pre-strike estimates and intelligence, secret investigations may not serve this function.
(4) Eight members of Congress entered into testimony a letter they sent President Barack Obama, demanding further clarification of the legal justifications behind drone strikes. It read, in part:
The information from the Justice Department meme leaked on February 4, 2013, in the context of an increasing devolution of accountability, transparency and Constitutional protections in US counterterrorism operations, leaves us deeply concerned about what appears to constitute overly broad authority language….Read George Zornick on the GOP’s Working Families Act—and why it’s a hoax to attract women voters.
These are vague legal boundaries that raise the risk of the executive branch authorizing the deaths of American civilians otherwise protected by the Constitution and appear to effectively vitiate due process of law without meaningful oversight or accountability….
As you state in your recent State of the Union address, “we must enlist our values in the fight.” We ask, therefore, that you follow through with your commitment to engage with Congress to ensure that the ways in which we target, detain, prosecute, and kill suspected terrorist are consistent with the commands of our Constitution, including our system of checks and balances.
We strongly urge you to release the documents requested in this letter for the reasons articulated above.