America’s undeclared drone war has been controversial, for any number of reasons: Pakistani politicians have cried foul over “counterproductive” strikes. Critics worry they may create more popular support for militants. And civil liberties groups have asked whether, in effect, it amounts to a program of targeted killing.
Now the State Department’s top legal adviser has offered a rationale for the ongoing campaign: Legitimate self-defense.
In a keynote address last night to the American Society of International Law, State Department legal adviser Harold Koh said it was “the considered view of this administration” that drone operations, including lethal attacks, “comply with all applicable law, including the laws of war.”
Al Qaeda and its allies, he continued, have not abandoned plans to attack the United States. “Thus, in this ongoing armed conflict, the United States has the authority under international law, and the responsibility to its citizens, to use force, including lethal force, to defend itself, including by targeting persons such as high-level al Qaeda leaders who are planning attacks,” he said.
It’s worth giving a closer look at the speech, excerpted here by ASIL. But this is not likely to appease critics of the drone war. Most recently, the American Civil Liberties Union filed a Freedom of Information Act lawsuit against the Defense Department, the State Department and the Justice Department, demanding that the government provide more details about the legal basis of the drone war, including details about who authorizes drone strikes, how the targets are cleared and the rate of civilian casualties.
Koh addressed several of the concerns raised by rights groups: Continue Reading “Drone Attacks Are Legit Self-Defense, Says State Dept. Lawyer” »