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Drone Scribd
Reviews and synopses of Scribd Drone Info docs collection, and on International Law.
Collected by Alister William Macintyre Some reviews include suggestions to their authors, how they could improve future editions. I include relevant citations Last updated 2013 Mar 16
Version 5.19

Table of Contents Synopsis What’s This? (2 Oct 11) .............................................................................. 4 Road Map to Understanding (2 Oct 13).......................................................................... 4 Author ideological interjection (2 Nov 30)................................................................. 5 Drone Activist Directory (2 Oct 11) ........................................................................... 7 Drone Scribd Introduction (2 Sep 10)................................................................................. 8 Terrorism and Brutality (2 Sep 10) ............................................................ 9 Acronym Clarifications (2 Oct 2) ................................................................................. 10 Explain Child+ (2 Sep 8) .......................................................................................... 11 Explain Drone+ (2 Oct 8) ......................................................................................... 12 Explain Geneva Convention+ (2 Sep 9) ................................................................... 13 Explain International Law+ (2 Sep 8)....................................................................... 15 Explain Latency+ (2 Nov 01) ................................................................................... 16 Explain Targeted Killing+ (3 Mar 16) ...................................................................... 17 US Drone FAQ (3 Feb 18)............................................................................................ 19 ACLU Drone Lawsuits (2 Oct 10).................................................................................... 20 FOIA Lawsuit: Drone targeted killing (3 Mar 15)........................................................ 20 ACLU wins appeal against CIA (3 Mar 15) ............................................................. 21 Lawsuit: Yemen Children Massacred by US drone (2 Sep 7) ...................................... 22 Lawsuits: 3 US citizens killed by drones (2 Dec 25).................................................... 22 ACLU loses FOIA on US citizens killed by drones (3 Jan 07) ................................ 23 Legality of US Citizens killed by drones (2 Sep 11) ................................................ 24 ACLU FOIA: Drones in USA (2 Oct 24) ..................................................................... 24 EFF FOIA: Drones in USA (2 Oct 24) ............................................................................. 26 Drone Wars UK Briefing for 2011 (2 Sep 7).................................................................... 26 Reprieve Drone Lawsuits in Britain (2 Dec 28) ............................................................... 27 UN 2013 Investigation (3 Mar 04).................................................................................... 27 UN 2013 Investigation backlash (3 Jan 28) .............................................................. 29 UN 2013 Investigation background (3 Jan 24) ......................................................... 31 UN rapporteur on Brennan to run CIA drones (3 Feb 10) ........................................ 31 Pakistan Information gathering (3 Mar 15) .............................................................. 32

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UN 2013 Inquiry Phases (3 Jan 25) .............................................................................. 33 UN 2013 Drone Inquiry Team (3 Jan 26) ................................................................. 34 Targeted Killing Legal Perspectives (3 Mar 16)....................................................... 35 Torture under Bush Administration (3 Mar 05)........................................................ 37 Legal Theories on Drone Usage (3 Jan 24) .................................................................. 37 International Law on Drones (3 Jan 24) ........................................................................... 39 Legal Geography of War (2 Sep 11)............................................................................. 40 UN Legalities of Targeted Killing (2 Sep 10) .............................................................. 42 UN action coming soon (2 Nov 29) .......................................................................... 44 Civilian Casualties of Drone Attacks (2 Sep 9) ............................................................ 45 Laws of Drone Warfare (2 Sep 9)................................................................................. 48 Pakistan Targeted by Drones (2 Sep 8)............................................................................. 51 Pakistan Living Under Drones (2 Oct 27) .................................................................... 51 Pakistan Numbers Attacked by Drones (2 Oct 3) ..................................................... 53 Pakistan Best Estimated Numbers (2 Oct 14)........................................................... 55 Military Drone Impact (2 Oct 4)............................................................................... 57 Police Drone Usage (2 Sep 7)........................................................................................... 57 Police Drone Concerns in Palo Alto, CA, (2 Sep 7) ..................................................... 58 Police Drone Miami-Dade FL info (2 Sep 7) ............................................................... 59 Predator Drone Hacking How To (2 Sep 6)...................................................................... 60 USAF Spy Info Oversight (2 Sep 7) ................................................................................. 61 Collection Categories (2 Oct 11) ...................................................................................... 61 Drones Legal (2 Oct 11) ............................................................................................... 61 Drones Military (2 Oct 11) ........................................................................................... 62 Drones USA (2 Oct 11)................................................................................................. 62 Factual Corrections (2 Sep 5) ........................................................................................... 62 Who may fly UA over USA (2 Sep 5).......................................................................... 63 Drones Authorized by FAA to fly over USA (2 Sep 5)............................................ 64 Drone Rules Confusion (2 Sep 6) ............................................................................. 64 Other than Manned Aviation, and Drones, over USA (2 Sep 6) .............................. 64 Safety Concerns (2 Sep 5)............................................................................................. 65 It cannot happen, until it does (2 Sep 5) ................................................................... 66 Disaster Risks (2 Sep 6)............................................................................................ 66 Congressional Oversight (2 Oct 11) ............................................................................. 68 Congress knows all about Drones (3 Feb 17) ........................................................... 69 Senate Intelligence Committee Drone Oversight (3 Feb 14).................................... 73 Privacy, Police, Military, Political, Concerns (2 Oct 09) ............................................. 73 Legal Issues (2 Oct 08) ............................................................................................. 74 Military Issues (2 Sep 08) ......................................................................................... 75 Policy Issues (2 Aug 29) ........................................................................................... 76 Police Issues (2 Sep 3) .............................................................................................. 78 US Drone Targeting rules (2 Sep 11) ....................................................................... 79 Counting Innocents attacked by Drones (3 Feb 26)...................................................... 80 Freedom of Speech in War Time (2 Sep 9) ...................................................................... 80 UK strips citizenship then kills (3 Feb 28) ................................................... 81 US Kill Americans memo leak (3 Feb 07) ................................................... 81

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Lawfare overall perspective (3 Feb 07) .................................................................... 82 Lawfare Feb-6-23 + overall (3 Feb 23) .................................................................... 84 Lawfare Feb-27 + overall (3 Feb 27)........................................................................ 85 Lots news Garbage on Memo Gate (3 Feb 09) ......................................................... 85 Lessons from news garbage (3 Feb 07) .................................................................... 87 What is in leaked memo? (3 Feb 21) ........................................................................ 87 View leaked memo (3 Feb 06).................................................................................. 88 US Justification for Targeted Killing (3 Feb 27) .......................................................... 89 Dangerous Precedents (3 Feb 14) ................................................................................. 90 Misconduct Perceptions (3 Feb 17) .......................................................................... 93 Lose Citizenship (3 Feb 10)...................................................................................... 93 Legal sources approving of memo (3 Feb 07) .............................................................. 93 Legal sources disapproving memo (3 Feb 09) .............................................................. 94 ACLU analysis of leaked memo (3 Feb 08) ............................................................. 96 FAS analysis of leaked memo (3 Feb 06) ................................................................. 96 Informed Comment on leaked memo (3 Feb 06)...................................................... 97 Opinio Juris on leaked memo (3 Feb 07).................................................................. 98 US Constitution relevance to Drones (3 Feb 09) ...................................................... 99 Civil and Human Rights Organizations react (3 Feb 07)............................................ 101 News Media reacts to leaked memo (3 Feb 09).......................................................... 102 Scribd reports related to leaked memo (3 Feb 06) ...................................................... 104 Bloggers on the leaked memo (3 Feb 07) ................................................................... 105 Social Media reacts to leaked memo (3 Feb 06)......................................................... 105 Petitioning US government (3 Feb 06) ....................................................................... 105 Inside Government commentary (3 Feb 06) ............................................................... 105 White House caves under pressure (3 Feb 15)............................................................ 106 Proposed improvements in current reality (3 Feb 07) ................................................ 107 Modify rule-book for battle-fields (3 Feb 10)......................................................... 107 Replace rule-book for secret wars (3 Feb 08) ......................................................... 107 Revise System for Classifying documents (3 Feb 08) ............................................ 108 Federal Intelligence Commission (3 Feb 21).......................................................... 108 FISC for Kill List (3 Feb 21) .................................................................................. 108 After Action Damages Court for Wrongful Victims (3 Feb 11)............................. 109 Congress Public Fact finding (3 Feb 11) .................................................................... 109 Which Memos – many versions (3 Feb 07) ............................................................ 110 Wyden asks Brennan (3 Feb 19) ............................................................................. 111 Wyden questions (3 Feb 06) ................................................................................... 111 11 Senators ask President Obama (3 Feb 07) ......................................................... 112 Wyden asks Holder (3 Feb 06) ............................................................................... 114 Congress Prior Knew (3 Feb 06) ................................................................................ 115 How Know Who is Enemy? (3 Feb 10)...................................................................... 115 American Civil War precedent (3 Feb 11).......................................... 116 Al Mac Research split (2 Oct 11).................................................................... 117 Drone Research Sharing Sites (2 Oct 09) ................................................................... 119 Contacting author (2 July 10) ................................................................................. 120 Revision History (2 Oct 19) ............................................................................................ 120

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.org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW). and what the key issues are...org/sgp/crs/natsec/target.8 (11 pages) Other people also have recommendations. edited by Peter Berkowitz. Pakistan Living Under Drones7 (182 pages) 6.6 (20 pages) 5... 2012.com/doc/36645111/UN-special-rapporteurReport-on-extrajudicial-Philip-Alston 6 I devote a chapter in Drone Scribd to this Legal Analysis by Kenneth Anderson..... Drone Wars UK Briefing3 from Drone Wars Net.... AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September. https://www.10 1 2 CRS = Congressional Research Service. I provide citations to help them improve future editions.. Road Map to Understanding (2 Oct 13) Many documents and articles explore what’s going on with drones.... http://www....ohchr..” Future Challenges in National Security and Law.. Legal Geography of War..2 (23 pages) 2...lawfareblog.. INJURY.. and critical issues of public accountability. According to Kenneth Anderson.scribd.com 77 http://livingunderdrones. (29 pages) 4....org/english/bodies/hrcouncil/docs/14session/A.futurechallengesessays. American Security Project Drone Bibliography..pdf 3 I devote a chapter in Drone Scribd to this Briefing.com/author/ken/ 4 Located in my personal PC / Studies / Drones .. I originally located it here: http://americansecurityproject.. 1.24. 4 www. 122 Synopsis What’s This? (2 Oct 11) I review Drone documents from the perspective of how important they are in the overall scheme of many reports on similar aspects of Drone usage and controversies.. They include (read in this sequence).. or where their recommendations are apparently messed up.... but I think a handful stand head and shoulders above the rest.HRC.. there are two academic journals he recommends for research in terrorism and political violence studies from an interdisciplinary social science perspective.9 in Lawfare..org/issues/asymmetric-operations/the-strategic-effects-of-a-lethal-dronespolicy/drone-information-sources-annotated-bibliography/ 9 http://www.. LIVING UNDER DRONES: DEATH. UN report5 on legality of targeted killing.14. in helping readers rapidly gain full comprehension about what’s happening.net 5 http://www2..4 Drone Scribd 3/17/2013 1:24:30 PM Drone Scribd started early 2012 Sept (2 Oct 15) .. Oct 4.4 (36 pages) 3.net info@dronewars...fas.. CRS1 Kill US Citizen Legalities... “Targeted Killing and Drone Warfare: How We came to Debate Whether there Is a ‘Legal Geography of War’ (April 2011).. 2012) 8 I copied the ASP Bibliography to my Drone Info collections on Google Drive and Linked In / Box Net / Drone Info / Drone Sources sub-folder. Where I see that the authors may be mistaken in their facts presentation. Someone else uploaded it to Scribd: http://www.Add6..pdf I have copiy of this 2010 May UN report in my Drone Info collections on Google Docs Drive and Linked In Box Net..dronewars..

without question. irrelevant. then as their career develops. ethics. but not all areas. To understand what drones can do. reacting to other misguided people. something which was true several years ago. Some people choose to believe one extreme or the other. Many of the reports explain where the data came from. artificial intelligence.5   Drone Scribd Journal of Terrorism and Political Violence11 Studies in Conflict and Terrorism12 3/17/2013 1:24:30 PM Author ideological interjection (2 Nov 30) Many sources make certain claims. This can lead their policy making to reject the info coming from people in other professions. Then other media repeats the bogus information.lawfareblog. but there are also a lot of misguided people. foreign cultures. misleading their readers even further.com/action/aboutThisJournal?show=editorialBoard&journalCode=ftpv20 5 Located in my personal PC / Studies / Drones . their info is 20-30 years out of date in most all areas other than their field of primary expertise. have led to an evolution of practices which shape our world. There are in fact frauds out there. The original sources may be:  Describing a reality which is evolving rapidly. Onion satire. Estimates are all over the place from none to 1. academia. and others. or science fiction story accidentally communicated as fact. consciously or unconsciously. Then other people say this must be a photo shopped fraud. but no longer today.com/2012/10/readings-two-leading-academic-social-science-journals-onterrorism/ 11 http://www.tandfonline. Many people quote the summary without the explanation. how human-decision-making contributes to software bugs and policy dysfunctions. urban legend. oblivious to the fact that the original core story was in fact true real. so the copied info becomes out of date. and the serious implications. People are treating as FACT. which are copied by many other writers. whose know-how is far beyond what the leaders remember from college. There are wildly repeated statements claiming that ALL these reports have 10 http://www. without investigating whether their allegations are valid.  Sharing a bias. where a history of technology used by a history of the corporate world. confusing it with what we see in popular science fiction movies. They are reacting to the exaggeration. they stay current ONLY in areas relevant to their career. This is a particularly annoying problem with the claims of how many innocent people killed by drones. regulators.  Some people exaggerate a technological development. which no one person has: GPS applications and how vulnerable it is to hacking.  We live in a complex world. Most college graduates learn state-of-art of science and technology relevant to their career. so when they rise up to be the leaders of their company department or government agency. you have to know the latest on a spectrum of topics. without attempting to reconcile the different conclusions. Then they draw conclusions from that. world of politicians. out of touch with true reality. undermining their credibility.000 innocents killed for every 1 enemy.com/action/aboutThisJournal?show=editorialBoard&journalCode=ftpv20& 12 http://www.tandfonline. so we can judge for ourselves. international law.

or other ideology. so that this war will last forever. we often use tactics that guarantee the nation will be embroiled in more wars for centuries. disregarding the fact that SOME of the researchers compared methodologies to explain which ones are most reliable. but at the same time have a deep problem with the morality of some of the tactics used. so many drone attacks are against innocent victims. there was behavior with the great nations. and those informants are more interested in the money. or a pacifist. in history prior to WW I and II. etc. than in the truth. terrorizing people in weaker nations. Similarly. 13 14 http://www. pacifists. or allied with enemies of our nation. or the people.13 There are many people in the US who are in denial regarding official reasons for invading Iraq and Afghanistan. but dispute that our strategy and tactics are in the best interests of long term peace and security of the nation. which was a war to contain communism. It is true that a lot of activists are anti-war. I personally do not like the reality that in fighting for our survival. I agree that there are no easy solutions. We are now in a situation of our own making. We now are engaged in a war on terrorism. without having to support 100% of their actions. who won which elections. 14 We have a revolving door in the US between people who own coal mines. 6 Located in my personal PC / Studies / Drones . by claiming that the people who oppose drone use are either pacifists. laying the seeds for great wars of the future.patheos. Wall Street. so we pay informants to identify targets for drone attacks. and Domestic Policy is often run by people who are enemies of the values enshrined in the US Constitution. but not everyone who opposes the use of nuclear weapons is an enemy of the state. nor part of communist world. We can support a nation. Some people favor national defense. which really is a war on enemies we created during the Cold War.6 Drone Scribd 3/17/2013 1:24:30 PM questionable methodologies. considered everyone in all the nations of the world which were neither part of the west. and speaks out against the bad stuff. Here is an article which seeks to undermine all opposition to drones. to be expendable. work in oil industry. a religion. US Foreign Policy. and why. where we cannot get good intelligence regarding the locations of our enemies. military industrial complex. which is not designed to stop people being addicted to drugs. and the government regulators of those industries.com/blogs/frenchrevolution/2012/10/26/yes-drone-strikes-are-legal-and-moral/ See my Drone Terms comments on how Fusion Centers have brought back the same evils discovered by the Church Commission. We have a war on drugs. A true patriot supports the good stuff a nation does. a people. There are also people who do not believe any conspiracy theories. what happened on 9/11. but instead to help the drug cartels become nastier enemies. and in the process. where those regulators are often more loyal to the industries than to the government.

7 Drone Scribd 3/17/2013 1:24:30 PM Some of the stories about the Benghazi.cnn. Good starting points for seeing what info is available.com/ 20 http://livingunderdrones. and history. who could be the best agents. then there should not be the secrecy opposing investigations of alleged attacks on total innocents.org/report-introduction/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW). includes:  Bureau of Investigative Journalism16 (TBIJ)  CNN regarding US Drone attacks in Yemen17  Code Pink18  Drone Wars UK19  Foundation for Fundamental Rights (FFR). so they deliberately withdrew support when the extremists attacked the consulate.com/category/projects/drones/ http://www. thinking the US deserved to be punished for the video. If we are entirely justified in warring against our enemies. http://www. When innocents are killed by the war.thebureauinvestigates.wordpress. acting as our agents.com/2012/06/11/opinion/bergen-yemen-drone-war/index.15 claim that:  US intelligence agents are confined to the grounds of our embassies. composed mainly of personnel from the local nation.html 18 http://www. are targeted by the US government as if they are enemies of the state. This is not happening yet. based in London Britain.  Those contractor personnel were outraged by the video. which attacked their religion.  Thus. and other related hot foreign policy issues.com/2012/05/24/the-uphill-fight-against-obamas-drones-an-interviewwith-code-pinks-medea-benjamin/ 19 Drone Wars UK – see Drone Scribd Info. Instead. https://dronewarsuk. under the UN Charter.  They have to go thru security which uses contractors. is in my general Drone Notes. visit our embassies and consulates to report to our intelligence agencies.thebureauinvestigates. of this kind. 16 Bureau of Investigative Journalism. a Pakistan Non-Profit Legal Advocate for Drone Victims. 2012) 7 Located in my personal PC / Studies / Drones .com/2011/08/12/attacking-the-messenger-how-the-cia-tried-toundermine-drone-study/ 17 http://www. the war fighters’ leadership should make an effort to compensate the families. where lawyers journalists etc. who are seeking the truth.20 15 See my Petraeus research notes for what has been determined to be true about Libya. LIVING UNDER DRONES: DEATH.thebureauinvestigates. Afghanistan. AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September.com/category/projects/drone-data/ http://www. INJURY.  Foreigners. we are recruiting enemies to support the military industrial complex make profit from wars into the 22nd century.thebureauinvestigates. Drone Activist Directory (2 Oct 11) More info. which I do not yet know if true or not. are not going to do this. most foreigners. because then the contractor personnel will know who they are.

both of which allegedly target a hell of a lot of innocent civilians.30 Also see Links at:  Living Under Drones.org/journal/middle-east-policy-archives/drone-warfare-blowback-new-american-waywar?print 24 http://counterterrorism.29 based in Britain.org/article/everything-you-ever-wanted-to-know-about-drones 28 https://www.23 New America Foundation24 (NAF) Pakistani Body Count25 tracks both drone attacks (by USA). Long War Journal (LWJ) (use their search for “drones” to see massive article collection)22 The Middle East Policy Council. but need my approval for them to be added.wdtn.org/pakistan-strikes. asserted by US officials. which means the collection belongs to me.org.org/special/how-obama-drone-death-claims-stack-up#1 29 http://reprieve. LIVING UNDER DRONES: DEATH.propublica.propublica. Complaint Against the United States of America for the Killing of Innocent Citizens of the Islamic Republic of Pakistan to the United Nations Human Rights Council. educational.28 Reprieve.8          Drone Scribd 3/17/2013 1:24:30 PM Know Drones21 travels to voter districts to educate the voters about drones. promotes the rule of law around the world.uk/media/downloads/2012_02_22_PUB_drones_UN_HRC_complaint. and suicide bomb attacks. eye-opening etc.org/links/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW).com/dangerroom/2010/05/pak-site-drones-only-killed-one-terrorist-in-2010-if-you-dontcount-taliban/ 26 http://www.php http://www. UN Human Rights Council accepts complaints regarding alleged War Crimes. 2012) 8 Located in my personal PC / Studies / Drones .deathandtaxesmag.uk/ 30 Reprieve.mepc.php 23 http://www.org. and I made it moderated.longwarjournal. which is not internally consistent.com/184803/the-un-would-like-the-white-house-to-please-explain-all-thedrone-killings/ 27 https://www. INJURY. 31 http://livingunderdrones.org/ http://www.org/drn. AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September.wired.pdf?utm_source= Press+mailing+list&utm_campaign=89f3db0a752012_02_23_drones_UN_complaint&utm_medium=email. but other people may suggest additional articles. which I believe are informative.net/drones 25 http://pakistanbodycount. 21 22 http://www.31 Drone Scribd Introduction (2 Sep 10) I have created a collection of links to Scribd documents.com/dpp/news/local/montgomery/know-drones-tour-lands-in-dayton http://www. about Drone topics. Pakistan Human Rights Commission26 Pro Publica27 o Drone Math.longwarjournal. when their elected officials have had major votes on the topic.newamerica. http://reprieve.

or they will kill the airline passenger hostages. Many of the Islamist Fundamentalist terrorist attacks before 9/11 led to the deaths of hundreds of Muslims. This is justified by the US now being at war with an enemy. demanding independent nationhood for their people. as I make significant progress doing so. in my notes. using attacks on the civilians as a tactic. such as hijacking planes and demanding the release of ideological brothers. which I will increment as I replace it with re-writes. Those Muslims deserved to die. as my time permits. The war on terror response sometimes appears to strike at our humanitarian values. terrorism was not much on the radar screen of the American people until 9/11. since there had been an earlier truck bombing in the World Trade Towers. noting which ones I need to return to later to study in more detail. by other than Islamist Fundamentalists. In parentheses after each chapter heading is date in format (Year Month Day) when I last updated the contents of that chapter. they believed. such as the bombings of US embassies in Africa. See footnote soon after each document referenced. in which everyone is supposed to take the US government word for it. 9 Located in my personal PC / Studies / Drones . The attackers saw nothing wrong with this. Drone attacks into towns. There had also been other prior terrorist attacks inside the USA. to try to better clarify what the contents are all about. lead to fire fighters and ambulances rushing to the aid of people in buildings demolished by the attacks. I plan to review many documents in the collection. because they believed it is wrong to be working in support of the USA. the collective drone attacks may have killed more people than 9/11 deaths. that they are legitimate targets. Initially. I am skimming over many documents. like a bibliography. then upload revised editions of these notes. Terrorism and Brutality (2 Sep 10) Terrorism has been used by non-state actors in many nations for decades. their general value. there will be brutal tactics. such as the Oklahoma City bombing. this is conceptually similar to rescue workers at 9/11 being killed by the falling twin towers. so as to assess their relevant value and context. to show the original Scribd link. We attack groups of people over a large geographic area. and the source of the material. Many nations have had freedom fighters. I have adjusted reference names of the documents. In the USA. This was the latest in a series of brutal attacks against America by Islamist Fundamentalists. not the first on American soil. such as the Irish Republican Army in Britain. to get the gist of them here. where in any war. While more died in the 9/11 event than any one drone attack. This review has a version # on the end of its naming. since many uploads are by people other than the original authors. then the drones return to attack the rescue workers. Logistically.9 Drone Scribd 3/17/2013 1:24:30 PM Here I will attempt to review and summarize those Scribd documents.

We have seen in Iraq and Afghanistan that there are many attacking US forces. far beyond the influence of Al Qaeda. but without 9/11 aftermath. as it would incite attacks on America by like minded interests. where drone attacks occurred. Al Qaeda plotters claimed alleged abuse by US foreign policy as justification for their attacks.aclu. or Supreme Court. so do nations around the world protest that the people killed in drone attacks were innocent civilians.  AQAP = Al-Qaeda in Arabian Peninsula  AU = Aviation Unit  AUMF = Authorization to Use Military Force  Blame Game: because the opposition party is trying to win the next election. 33 http://www.10 Drone Scribd 3/17/2013 1:24:30 PM Just as the US protests that workers in WTC were innocent civilians. it might never have happened. which would not have occurred without the drone attacks. Have the terrorists won. to include what I have found elsewhere.org/blog/tag/drones 34 http://pakistanbodycount. This generates recruits for our enemy. where he expected America’s wealth to be drained. in the sense of inciting us to destroy many of our traditional values? One of the reasons for bin Laden to fund 9/11 was he wanted to incite America to attack the Middle East. they often heap blame on current President for many challenges in which Congress. How to get at my various Drone documents is explained in Document Split chapter. and whichever party wins US Presidency usually also gains majority in Congress. and that maybe the next attack might be against them. and they hate Jews. so far. while studying multiple Drone Info Sources.org/definitions 10 Located in my personal PC / Studies / Drones . The local people. so they see nothing wrong with what they did.  ACLU = American Civil Liberties Union33  Al-Qaeda = a global militant group founded by Osama Bin Laden to fight against governments for political and religious gains. I might not yet be using some terminology precisely correctly. or other portion of government has a lot 32 I have expanded on terminology explanations in the various documents. Also the Western world is now gripped by a brutal Great Recession. Some acronyms and definitions of terminology of critical value to placing these documents and material information in perspective:32 Warning: In my effort to Grok this stuff.34  AQ = Al-Qaeda. they believe a lot of Jews work in US Financial Industry. Acronym Clarifications (2 Oct 2) See my document “Drone Terms” which defines over 750 acronyms and concepts which I have come across. Bin Laden did not directly cause it. or The Fed. think those who were attacked were innocent of involvement with Al Qaeda or the Taliban.

com/2012/05/29/analysis-how-obama-changed-definition-of-civilianin-secret-drone-wars/ 11 Located in my personal PC / Studies / Drones .dhs. in Drone Notes.11 Drone Scribd 3/17/2013 1:24:30 PM   more responsibility than the President.html https://www. http://www. nor can the next one. But this propaganda is used because it is negative advertising PR. Ok to be killed by the US CIA or military. may be labeled militants. Just as the current President cannot fix the problem alone. CAA = British Civil Aviation Authority is similar to the US FAA.org/definitions 40 Webster and http://pakistanbodycount. the nature of the weapon(s) and skill(s) of their operators.theatlantic.35 CAOC = Combined Air Operations Centre   CBP = US Customs and Border Protection36 o CBP is the "largest law enforcement air force in the world. and other conflicts. CCR = Center for Constitutional Rights Explain Child+ (2 Sep 8)  Child = A young human being below the age of full physical development or below the legal age of majority. issued by FAA to an organization.com/articles/2012/06/21/drone_sweet_drone 38 Inspector General finds many problems with CBP use of drones.org/definitions 41 http://www. and allegedly care more about security and safety.eff.40 o Now in the war on terror.com/technology/archive/2012/06/what-the-heck-is-homeland-security-doing-with180-million-in-drones-mostly-sitting-around/258474/ 37 http://www. can often mean that in addition to performing the    35 http://www.38 See May 2012 in calendar of key drone dates. person not on active duty in the armed services or police or firefighting force. o Pakistan Body Count is counting all below the age of 12 (male or female) as children. Collateral Damage: In warfare." according to the Government Accountability Office (GAO). in that they regulate what flies in the skies over Britain..thebureauinvestigates. Civilian used to mean: unarmed pedestrian.oig. which unfortunately is very effective in US politics.thebureauinvestigates.37 o Inspector General (IG) found many problems with CBP drone usage.39 o One of the public accountability issues is the justification for our government killing children with drones.pdf https://epic.org/deeplinks/2012/06/federal-government-moves-forward-drone-programs-despite-poorplanning-and-lack 39 http://pakistanbodycount. approving plans to fly drones where over USA. 41 COA = Certificate of Authorization. than privacy. who do not belong to any terrorist group or anti-government organization.gov/assets/Mgmt/2012/OIG_12-85_May12. for what purposes.foreignpolicy. with an air fleet comprising more than 270 manned aircraft.com/2012/08/31/more-drone-than-debate-newsnight-loses-track-ofissues-at-hand/ 36 http://www. any public gathering of persons of military age.org/2012/06/new-report-finds-border-survei.

45 DHS = US Department of Homeland Security46 DoD = US Dept of Defense47 Here is 2009 Dod Drone Roadmap.0.2898522. which are typically operated in the sky.org/wiki/Unmanned_aerial_vehicle 12 Located in my personal PC / Studies / Drones . 53 as robots on the ground. For the record. and can also be under the sea.osd.12 Drone Scribd 3/17/2013 1:24:30 PM  intended damage by their users. Missy Cummings of MIT says not in her lifetime.49 QUOTE o Conor Friedersdorf at The Atlantic50 looks closely at the 2009 Unmanned Systems Integrated Roadmap. like humming. 53 https://en.com/2012/03/lawfare-podcast-episode-5-missy-cummings-on-drones-dronesdrones/ 52 https://en.wikipedia.org/wiki/Conspiracy_theory http://thetandd. Such theories often come from people seeking simple explanations in a reality which is really very complex. and wonders whether we may get to a point when drones are completely autonomous. Some Conspiracy Theories are concocted and promulgated by people who know better.44 o Some people in Pakistan think the drone attacks are intended to destabilize Pakistan to help with some plot hatched in India or Israel. o Here is some nonsense about the EPA and drones.com/politics/archive/2012/07/the-pentagons-vision-pervasive-drones-on-land-airand-sea/259541/ 51 http://www. in the context of some secret cabal. whose sole function is to get the queen bee pregnant. See Innocent Bystander. A human being who contributes nothing to our civilization.com/articles/Drone-Attacks-Damage-the-US-Interests-242932. we probably do not know.html 44 http://www. many innocent bystanders and their property can also be hurt in the process.defense.org/wiki/Drone A male bee.lawfareblog.wikipedia.gov/ 48 http://www.theatlantic.43 From perspective of people on the ground. the Pentagon’s plan for the use of drones from 2009 through 2034.com/news/politics/topoftheticket/la-na-tt-epa-spy-drones-20120619.com/technology/archive/2012/06/what-the-heck-is-homeland-security-doing-with180-million-in-drones-mostly-sitting-around/258474/ 47 http://www.mil/psa/docs/UMSIntegratedRoadmap2009. Here are some pictures of drones. Make an unpleasant sound. and their 42 43 https://en.story 45 http://paktribune. until it is too late. o Some people assume that all drones are armed.acq.51 o UNQUOTE DoJ = US Dept of Justice Explain Drone+ (2 Oct 8)  Drone traditionally has been used in many contexts. (4 Meg)48 Raffaela Wakeman writes July 10. Talk in a monotonous tone.com/news/opinion/at-home-drones-spur-anger-at-obama/article_93f608a0-c0a6-11e18049-001a4bcf887a.wikipedia.latimes.html 46 http://www.lawfareblog.pdf 49 http://www. or people with a weird agenda. but are doing it for propaganda purposes. 2012 in LAWFARE Blog.    Conspiracy Theory42 is where people explain an activity.theatlantic. machinery noises.com/2012/07/todays-headlines-and-commentary-222/ 50 http://www.52 Contemporary interest is in unmanned vehicles.

AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September. provide a crash course in comprehending this topic.pdf 60 https://www.htm https://encrypted.61 usually refers to international law treaties regarding humanitarian treatment of: prisoners. 2005. 2012) 59 https://www. o The Hague Conventions focus on the conduct of the war. or never were legal combatants. in a military conflict. Nuclear Drones.in Drone Terms. SAC in Drone Terms.eff. which has evolved dramatically in recent decades.org/ 57 https://www. House Committee on Government Reform.fas. including unmanned aircraft. o FAA also = US Federal Arbitration Act. U*.html 61 https://en. Jirga. COA. GCS. and ship-wrecked.org/sgp/foia/citizen.org/journal/middle-east-policy-archives/drone-warfare-blowback-new-american-waywar?print 56 https://www. 54 http://cryptome. LIVING UNDER DRONES: DEATH. Malik in Drone Terms. via footnotes. DOT. CAA. INJURY.org/report-introduction/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW).58 o Also see: FCR.wikipedia. GAO = US Government Accountability Office Explain Geneva Convention+ (2 Sep 9)  Geneva Convention(s). the wounded. prohibitions against the use of torture. etc.mozilla:enUS:official&prmd=imvnsul&tbm=isch&tbo=u&source=univ&sa=X&ei=RF7ZT8amJqJ6AGz3dnLAg&ved=0CHgQsAQ&biw=1432&bih=718&sei=-1_ZT_3SHcPH6gHMiK3LAg 55 http://www.org/2012-info/killer-drones/killer-drones-controls. 55 EFF = Electronic Freedom Foundation56 FAA = USA Federal Aviation Administration (FAA GOV). so we are on the same page of communications.org/deeplinks/2012/07/faa-releases-thousands-pages-drone-records 58 http://livingunderdrones.54 Also see: COA.com/search?q=drones&hl=en&client=firefox-a&hs=5qM&rls=org.google.mepc.eff. sick. for example.57 In times past.fas. House Report 109-226 (PDF)60. September 20. Drone Warfare 101 – Several links. FAA.org/sgp/foia/foia2007. SAC. o Also see: DOT. but more and more is coming under this single umbrella.is in charge of coordinating flights over USA national air space (NAS). prohibitions against certain types of weapons.org/wiki/Geneva_Conventions 13 Located in my personal PC / Studies / Drones . FOIA = Freedom of Information Act59 o A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records. R*. of war and armed conflicts (military and civilian). civilians in a military conflict. o The Geneva Conventions generally focus on treatment of people who are no longer combatants. FATA = Federally Administered Tribal Areas of Pakistan. Khassadar.13 Drone Scribd 3/17/2013 1:24:30 PM       infrastructure. there were military operations separate from the FAA.

other than the USA. It is a grey area between the laws of war. Sometimes they make rulings about the nature of some conflict. but not all of the time. The Hague Conventions focus on the conduct of the war. IAW = In Accordance With ICRC = International Committee of the Red Cross. and international law. due to the weapon(s) used and the skill(s) of the attackers. For example: o Article 25 of the 1907 Hague IV Convention prohibits aerial bombardment “by whatever means” of undefended towns. and should be labeled as War Crimes. War Crime. who were not targeted. Targeted Killing. but also see my Drone Terms document. Injuries can be direct by blast waves and shrapnel.65 Internal Armed Conflict = a Civil War. Latency. or used in certain ways. also killing many innocent bystanders. IAC = International Armed Conflict.com/_news/2012/06/26/12403677-for-many-pakistanis-usa-meansdrones?chromedomain=worldblog 14 Located in my personal PC / Studies / Drones .org/wiki/International_humanitarian_law Also see Israel in list of nations with drones. International Law. o As with any international law. or can be in-direct due to building collapse. where Pakistani lawyers say that everyone killed by US drone strikes are innocent until the USA proves otherwise. prohibitions against certain types of weapons. Some of this defined here. Some of this is selective. and nations which choose not to comply with them. or stampede while rushing from the scene of the attack.reuters. Also see OIG IHL = International Humanitarian Law. are saying that what the USA is doing with drones.com/article/2012/07/14/us-syria-crisis-icrc-idUSBRE86D09H20120714 https://en. killing alleged trouble makers.62 IG = Inspector General.org/definitions 65 http://worldnews. 64 http://pakistanbodycount. 64 Innocent Bystander: When person(s) attack specific target(s) with intent to do bodily harm or property damage. in Drone Notes. or dwellings.wikipedia.14  Drone Scribd 3/17/2013 1:24:30 PM         There is a hole in these agreements. Some nations cooperate some of the time. sometimes there are some other people there. o Also see International Law. The target(s) can also be Innocent of any wrong doing. o See Geneva Convention.   Innocent Until Proven Guilty = a legal principle. civilian laws. o Several nations. Unlawful Combatant.63 Injured in Drone Attack = Any physical damage to the body caused by a drone strike. See Geneva Convention. but in the process. See: Collateral Damage. many nations are active. not addressing current day scenarios where in some nation there is no official war. there’s the problem of nations which have not signed the agreements.msn. 62 63 http://www. but the nature of the attack can hurt more people than those specifically targeted. is in violation of the Geneva Conventions.msnbc. villages.

after which any prisoners of war will be released. IO = Intelligence Oversight ISAF = International Security Assistance Force. Explain International Law+ (2 Sep 8)  International Law = What nations of the world can agree to. This is the name for the NATO nations’ military operation in Afghanistan. This includes specific sections of the 1949 Geneva Conventions66 o Also see: Civil War.org/definitions 15 Located in my personal PC / Studies / Drones . and the news media are sharing lists of some of the targets on the list. People who died afterwards in the hospitals. International Law recognized the use of Deadly Force under two circumstances: associated with a war which will end in a reasonable time period. JSOC = Joint Special Operations Command   Kill List = list of people who are to be killed. also known as the law of armed conflict.68 o Many news media are misleadingly referring to this as Obama Kill List. where the War on Terror is being conducted in such a way. to bring them to justice. according to the ICRC.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.reuters.com/posts/2012/06/27/are_the_strategic_costs_of_obama_s_drone_policy_greater _than_the_short_term_gains_0 68 Kill List https://www. or by military action against the alleged villain. reflecting how high the value of the target. seeking to arrest and detain suspected criminals. States disregard    codes of conduct if they perceive them to be contrary to their national interests. except via PR pressure. if and when military or military intelligence tracks them down. sanctions. secondary. o Also see: Geneva Convention(s). 69 66 67 http://www. Killed in Drone Attack = Termination of life due to primary.com/article/2012/07/14/us-syria-crisis-icrc-idUSBRE86D09H20120714 http://ricks. where each target was assigned a card in a deck of cards. It is not a secret when large sums of money are offered for anyone who identifies where the targets are located. are also counted towards total killed.15 Drone Scribd 3/17/2013 1:24:30 PM o All fighters caught up in an internal armed conflict are obliged to respect international humanitarian law. when in fact the concept was started under Bush Presidency. Geneva Convention(s). o Many news media are also misleadingly referring to this as a Secret Kill List. that we do not see that it will ever end. due to severe injuries caused by the attack. But now we are in a reality.csmonitor. they cannot force the violator to cease and desist.html?pagewanted=all http://www.67 If the rest of the world thinks some nation is in violation of international law.com/World/Keep-Calm/2012/0601/Good-Reads-a-few-tips-about-how-to-stay-offObama-s-kill-list 69 http://pakistanbodycount.nytimes. or tertiary injuries by a drone strike. ICRC. and associated with police against civilian crimes.foreignpolicy. o Traditionally.

Historically. while they sit at the controls of remote weapon systems. o US government says combatants outside of these legal definitions. MDPD = Miami Dade Police Dept NATO = North Atlantic Treaty Organization. without the protection of the Geneva Convention. are active. composed of USA. It is unclear to me whether the US also believes the Hague Convention does not apply either. Sometimes the target hears the drone and can get to safety faster than the drone operator can do accurate shooting. but there are problems with treating them under civilian court system.lawfareblog. either between two nations. Armed Conflict is where the Participants are. 71 Also see: Geneva Convention(s). Unlawful Combatant. o We might also ask whether civilian contractors and intelligence employees (such as the CIA) should be considered unlawful combatants. or a Civil War for control of the government of one nation.16  Drone Scribd 3/17/2013 1:24:30 PM Laws can include: Laws of War. Laws of Everyday Life within a particular nation. Explain Latency+ (2 Nov 01)  Latency = movement shown on a drone pilot’s video screen has over the years been seconds behind what the drone sees — a delay caused by the time it takes to bounce a signal off a satellite in space. or Armed Conflict. Canada. but between different ways of life. since their line of authority does not come from the state. as members of state armed forces or militia. Originally it was for the military protection of Western Europe during the Cold War.html?pagewanted=2&_r=1&ref=magazine 71 http://www. Ordinary Laws are where None of the Participants in the War. who wear uniforms recognizable to other states. This problem.70 This may explain the high proportion of collateral damage. like earlier War on Drugs. and are not wearing any uniform. and many nations of Europe. its mission has evolved. o See International Law. the War is not between different nations. in the War on Terror. and now includes many nations which were former members of the Warsaw Pact. called “latency. the USA tries to prevent lawyers from seeing prisoners locked up and throw the key away. making it difficult to hit a moving target.com/2012/07/7995/ 16 Located in my personal PC / Studies / Drones .” has long bedeviled drone pilots. I will have to study the particulars to find out if the religious police of Islamic nations are covered.com/2012/07/08/magazine/the-dronezone. the Laws of War applied only in nations where there was an actual War in progress. who are associated with another side. Legal Black Hole – In a war which may never end. are unlawful combatants. NIAC = Non-international Armed Conflict      70 https://www. Lawful Combatants are defined in international law. since they are not members of the armed forces.nytimes. or other groups spelled out in the regulations. where prisoners of war are not to be treated according to the Geneva Convention. o But now. occurring anywhere one side of the war finds targets to attack.

org/wiki/Targeted_killing http://www. INJURY.lawfareblog. you are justified in using deadly force to protect yourself. Explain Targeted Killing+ (3 Mar 16)  Targeted Killing75 is not defined under international law.com/2012/06/14/opinion/how-drones-help-al-qaeda. o Drone attacks by Nation-A inside Nation-B need the permission of Nation-B.org/national-security/al-aulaqi-v-panetta http://www. typically a not-for-profit humanitarian charity organization.html http://www. 2012) 75 Targeted Killing https://en.org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW). Nations are supposed to refrain from doing anything violent inside the borders of other nations. but it does not work the same way.76 Typically nations which carry out such 72 https://www.aclu. unless they have the permission of the government there.wikipedia.73 o These are also known as Personality Strikes.72 The threat does not have to be imminent.fas. but some implications are discussed in this UN report.aclu. or they are at war with that nation.ssrn. without knowing the identity of the persons.nytimes.cfm?abstract_id=2169089 74 http://livingunderdrones. calling my copy: CRS Kill US Citizen Legalities 2012 May. discussed in the section on International Law. which they associate with enemy activity. LIVING UNDER DRONES: DEATH.org/blog/secrecy/2012/09/targeted_killing. in addition to meeting other legal constraints.com/rs/2012/06/13/members-of-congress-call-on-obama-to-justify-drone-strikes/ https://www.    Signature Strikes = CIA or military sees a particular pattern of activity.com/sol3/papers.org/national-security/obama-administration-files-midnight-brief-defending-secrecysurrounding-targeted https://www.17      Drone Scribd 3/17/2013 1:24:30 PM NGO = Non-Government Organization. If you reasonably believe that someone seeks to kill you. or do bodily harm. or whatever the true circumstances. and the threat against you is imminent.com/2012/10/kevin-jon-heller-on-the-legality-of-signature-strikes/ http://opiniojuris.74 SOP = Standard Operating Procedures Sovereignty = Each nation is responsible for what happens inside its borders.org/secure/tell-top-lawyers-cia-and-pentagon-end-illegal-targetedkillings?ms=web_targeted_killings_ac 17 Located in my personal PC / Studies / Drones . and authorize a strike on that basis.org/2012/10/30/new-article-on-the-legality-of-signature-strikes/ "One Hell of a Killing Machine": Signature Strikes and International Law https://papers.html I downloaded. 73 http://www.aclu.rawstory. and you cannot get away from them. AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September. like rape. OIG = Office of Inspector General RPA = Remote Piloted Aircraft RPAS = Remotely Piloted Air Systems Self Defense: It is generally recognized in ordinary civil law. that civilians have a right of self defense. Nations also have a similar principle.

com/abstract=1819583 or http://dx.24.2139/ssrn. also Unmanned Airship System. such as the Geneva Convention. o This is different from domestic law. managed. naming it: SSRN77 Targeted Killing Process 2013 March78 127 pages Treaty – I have heard people say that things are against international law because they think it is immoral. if there is no international law or treaty banning some activity. o Also see Oct 2008 in Calendar in Drone Notes. UAS Flight Crewmember . where the people in a nation are held accountable for stealing. Such an international law is only valid. Kill-Lists and Accountability (March 5. then it may be unethical.mepc. such as Ground Control Station (GCS) o control link. in my Drone Terms. raping. immoral.wikipedia.ly/KillLists which I have downloaded. as being outside the protections of the Geneva Convention. a specialized datalink o other related support equipment.org/wiki/Unmanned_aerial_vehicle 18 Located in my personal PC / Studies / Drones . UA = Unmanned Aircraft.A pilot.org/journal/middle-east-policy-archives/drone-warfare-blowback-new-american-waywar?print 76 See in my official Drone document collection: UN Drone Legalities 2010 May. see: McNeal. which navigates without an on-board pilot.cfm?abstract_id=1819583 79 https://en. See examples in my Drone Dates. thru execution of the targets.Add6.14. visual observer.79 It is an official designation of the US FAA.com/sol3/papers. killing.org/10.18 Drone Scribd 3/17/2013 1:24:30 PM        assassinations. Gregory S. defined by USA.org/english/bodies/hrcouncil/docs/14session/A. because they are engaged in military conflict. Also see: Geneva Convention. but not illegal. then torture would be banned. Different courts in different nations are fighting over the issue of whether drone usage is in violation of international law. Unlawful Combatant.ohchr. War Crime. and typically consists of: o unmanned aircraft (UA) o control system.pdf 77 SSRN = Social Science Research Network 78 2013 Mar 14 downloaded from https://papers. etc. even though none of them actually signed any agreement to abide by such laws. o For a detailed analysis of the targeted killing process.. since if the person fell into one of the categories defined by international law. how kill lists are created. This designation has been used by the USA to excuse torture. http://www.1819583 or http://bit.wikipedia. http://www2.HRC.org/wiki/Unmanned_aerial_vehicle 80 https://en. keep it secret. without being in a uniform which states recognize. scamming. In my opinion.” UAS = Unmanned Aircraft System. 2013).ssrn. and what accountability (if any) is included. and other killings. deny they are doing so.doi. Unlawful Combatant is a person. when the violation of that law is by some nation which has actually signed the treaty. Also called Remote Piloted Aircraft and “drones. Available at SSRN: http://ssrn. payload operator or other person assigned duties for a UAS for the purpose of flight UAV = Unmanned Aerial Vehicles80 UAVS (superseded by UAS) = Unmanned Aircraft Vehicle System.

wikipedia.washingtonpost.html 19 Located in my personal PC / Studies / Drones . thus it is legitimate to kill any suspected member of that organization.19 Drone Scribd 3/17/2013 1:24:30 PM o This can include: o Civilians throwing rocks at authority.81 o Drone strikes.washingtonpost. out of uniform when they react to a perceived crime.com/opinions/dana-milbank-john-brennans-trust-me-is-not-enough-ondrone-warfare/2013/02/08/a7ea1a1c-71af-11e2-ac36-3d8d9dcaa2e2_story. War Crime. o Innocent Bystanders. International Law. You gave up citizenship protections by joining the enemy side. under the Geneva and Hague conventions. until they rush to the aid of people injured in a drone attack.html 85 http://www.com/2012/06/21/un-expert-labels-cia-tactic-exposed-by-bureau-a-warcrime/ 83 http://www. USA = United States of America USAF = United States Air Force War Crimes are serious violations of international law.84 It makes no difference if you were a US citizen. goes the argument.   UOR = Urgent Operational Requirement    UK = United Kingdom of Great Britain and Northern Ireland. Surely there should be at least as much judicial review when the 81 https://en. Targeted Killing. Some are at war with Pakistan.wikipedia. while some are allied with Pakistan. a judge from a special panel — the Federal Intelligence Surveillance Court — has to give approval. 85 Open questions include organizations like alQaeda.washingtonpost.html 86 http://www.com/opinions/charles-krauthammer-in-defense-of-obamas-dronewar/2013/02/14/3a69d76c-76e5-11e2-aa12-e6cf1d31106b_story.82 o Also see: Geneva Convention. Consider the Taliban.washingtonpost.thebureauinvestigates.org/wiki/List_of_war_crimes 82 http://www. which do follow-up attacks on first responders. o Military age persons (which is any age in some places) just hanging around doing nothing suspicious. o Off-duty police officers. QUOTE:86 When the government wants to violate a citizen’s right to privacy with wiretaps and other forms of electronic surveillance. Geneva Convention. which have not formerly declared war on the US.com/opinions/eugene-robinson-remote-controlassassinations/2013/02/07/4d13e024-715e-11e2-ac36-3d8d9dcaa2e2_story. are labeled by many as war crimes. Are we still at war with the Taliban after they have been driven out of Afghanistan? Eugene Robinson writes in the Washington Post. o Also see: Civilian. but are allegedly allied with alQaeda goals. funerals.org/wiki/War_crime https://en. etc.html 84 http://www.83 The US is at war with alQaeda.com/opinions/eugene-robinson-remote-controlassassinations/2013/02/07/4d13e024-715e-11e2-ac36-3d8d9dcaa2e2_story. US Drone FAQ (3 Feb 18) Here’s some Q+A by Charles Krauthammer in the Washington Post. The US attacks them all.

and international law. can be found in the chapter: US Drone Targeting Rules. that there has been a court ruling on an ACLU lawsuit about drones. in a period in history where we fight in lots of wars. is to be considered a war zone. and looks at the benefits of doing so. with footnotes linking to the documents in question.hsdl. for US to be using drones to kill people. then another is filing a lawsuit a year or two later. foreign. 87 88 http://www. This document explains why.org/?abstract&did=689060 but not downloaded. Anwar AlAwaki was the first US citizen targeted for drone assassination. and where it is not recognized by the whole world that there is in fact justification to be fighting a war there. where the spelling difference is surname. ACLU Drone Lawsuits (2 Oct 10) There are several documents on Scribd regarding ACLU FOIA to US government seeking clarification of the legal basis for killing people with drones. with no details.87 Some of the info which these lawsuits are seeking. I think there must be two people called Nasser in the Al-Awaki family. Maybe the best place to get caught up on the status of which law suit. There are slight variations in the spelling of some people’s names. in domestic.scribd. However. and in my Drone Notes document. UNQUOTE I guess one difference is whether or not.aclu. 16 page ACLU FOIA Predator Drone Lawsuit89 filed Jan 2009.” Navy Anwar Al-Awaki 2011 Oct88 document is another resource which may help people trying to understand what is at stake here. and protesting drone killings of certain allegedly innocent US citizens.org/blog/tag/drones 2012 Oct 10 located at http://www. since one was killed by US drones one year.20 Drone Scribd 3/17/2013 1:24:30 PM government wants to violate a citizen’s right not to be blown to smithereens. with slightly different naming. the place where this is to be done. 91 k 89 http://www. is from the horse’s mouth. seeking  the legal basis. Note that some are duplicated on Scribd in which different people post same document. We occasionally see in the news. I think these are the same people.com/doc/29301235/2010-1-13-PredatorDroneFOIARequest 20 Located in my personal PC / Studies / Drones . FOIA Lawsuit: Drone targeted killing (3 Mar 15) A former member of Scribd uploaded. that these killings were justified. without a formal declaration of war. April 2010. the ACLU web site with their latest postings about drones and drone law suits. the overall reality is that the US government is saying “Take our word for it. I have renamed some document reference links to make it more obvious what they are really about..

2012.naharnet.org/national-security/dc-appeals-court-rejects-cias-secrecy-claims-aclus-targetedkilling-foia-lawsuit ACLU also includes a link to the ruling. 2013: A three-judge panel.aclu. measures (if any) taken to minimize innocent bystander casualties.pdf 94 https://www.93 Oral arguments were scheduled for September 20. This appeals court rejected that argument. The March 2010 lawsuit asked for disclosure of the legal basis.cortezjournal.aclu. such as overseas terror suspects.aclu.21    Drone Scribd 3/17/2013 1:24:30 PM basis by which targets are selected to be killed.C.com/2013/03/15/world/asia/u-n-drone-objections/index.html?_r=0 This NY TIMES article includes a link to the 19 page ruling by the appeals court. nor justified. and limits on the targeted killing program.wsj. at the U.com/2013/03/16/us/court-says-cia-must-yield-some-data-ondrones.org/national-security/predator-drone-foia https://www. or discipline of UAV operators and others involved in the decision to execute a targeted killing using a drone. 90 91 http://www. The CIA had tried to block ACLU lawsuit citing national security.org/files/assets/11__amended_complaint_for_injunctive_relief_06_01_2010. as President Barack Obama and a senior adviser had publicly acknowledged drone attacks on al-Qaida suspects abroad. Circuit Court of Appeals. After the court ruled in favor of the CIA. saying the lawsuit may go forwards. The judges said the government's stance was no longer credible.92 the ACLU appealed to the D.S.com/article/SB10001424127887324077704578362490700215584.90 In response. supervision. info about training. ACLU wins appeal against CIA (3 Mar 15) March 15.org/files/assets/34_-_opinion_09_09_2011. March 2010.91 arguing that the CIA’s response was not lawful because the CIA Director and other officials had already publicly acknowledged the existence of the CIA’s dro ne program. ACLU filed a Drone FOIA lawsuit demanding that the government disclose basic info about the use of drones to conduct targeted killings.pdf 93 https://www.pdf 92 https://www.org/files/assets/drone_foia_aclu_appeal_brief.cnn. http://www. June 2010 ACLU filed a lawsuit against the CIA in June 2010. oversight.html 21 Located in my personal PC / Studies / Drones .aclu. scope.94 The court ruled the CIA must acknowledge the existence of any records related to military unmanned drone strikes targeting individuals. the CIA has refused to even confirm or deny whether it has a drone program. Court of Appeals for the District of Columbia Circuit. http://online. Other information.aclu.com/article/20130315/APW/1303150776/Appeals-court-reverses-CIAdrone-secrecy-ruling http://www. where ACLU gives some speculations as to what they may be. ruled in favor of ACLU.nytimes.com/stories/en/75830-u-s-court-rebukes-cia-over-secrecy-on-drone-war http://www.html?mod=go oglenews_wsj http://www. and more info about the lawsuit. and data about the number of civilians and non-civilians killed in drone strikes.

and two members of the  Al-Awaqi family: ANWAR and ABDULRAHMAN The July 2012 Al-Aulaqi v. government has yet to release basic information about the strike. including at least 21 children. of U. Lawsuit: Yemen Children Massacred by US drone (2 Sep 7) Al-Majalah Civilian Deaths FOIA: April 17.com/doc/102472118/ACLU-Targeted-Killing-Lawsuit 98 http://www.S.S. Targeted Killing FOIA: February 2012. and Samir Khan. early in the Obama administration. ensures compliance with international law restricting extrajudicial killings. they were not involved with terrorism.scribd.scribd. Abdulrahman al-Awlaki. and that it was improper for the US military to kill them far from any armed conflict zone. citizens Anwar Al-Aulaqi.aclu.aclu.org/national-security/al-majalah-targeted-killing-foia-request http://www.org/national-security/al-aulaqi-v-panetta http://www. This does not mean that the CIA data will ever be made public. 95 96 http://www. government’s killings.org/national-security/al-aulaqi-v-panetta-complaint 22 Located in my personal PC / Studies / Drones . and how and whether the U. ACLU and CCR submitted a FOIA request seeking info about a December 2009 U. apparently targeted alleged “militants” but killed dozens of civilians. The U. citizens in Yemen in September and October 2011: Anwar al-Awlaki.95 The attack. 2012. the ACLU filed a FOIA lawsuit seeking information about the targeted killings of three U. missile strike on a community in the alMajalah region of the Abyan province of Yemen.com/srcohiba 97 http://www.S. The appeals court over-ruled the lower court. Lawsuits: 3 US citizens killed by drones (2 Dec 25) Michael Pancier96 uploaded. The suit charges that the U. and 16-yearold Abdulrahman Al-Aulaqi.aclu. The court battle will continue.S. a 17 page ACLU FOIA Targeted Killing Lawsuit97 filed July 2012 by ACLU and CCR on behalf of the families of three US citizens killed by US drones:  SAMIR Khan.S. where. and sent the case back there to continue. and against whom drone strikes can be authorized. his 16-year-old son. The ACLU FOIA lawsuit seeks to learn when. in Yemen in 2011 violated the Constitution’s fu ndamental guarantee against the deprivation of life without due process of law.S. Samir Khan. Panetta lawsuit98 claims that these people were not doing anything unlawful.22 Drone Scribd 3/17/2013 1:24:30 PM A lower court federal judge had sided with the CIA and dismissed a lawsuit by the American Civil Liberties Union seeking those records. Aug 2012.

Either this is a Double Standard or a Precedent. the CIA paid an al Qaeda spy $250.23 Drone Scribd 3/17/2013 1:24:30 PM Do you know how the CIA located Anwar al-Awlaki. the US government has refused to confirm or deny whether it killed these three US citizens or even whether the CIA has a targeted killing program. In response.nationalterroralert. despite numerous statements by U.com/NewMediaFoundation 103 http://www.UHxEkMXA88U http://www. then perhaps the cases should be taken to FISA or the military tribunals. but what they were alleged to have been planning. so he could be assassinated? According to a Danish newspaper.org/national-security/anwar-al-awlaki-foia-request 102 http://www. ACLU and CCR filed a lawsuit challenging Anwar Al-Aulaqi’s placement on government kill lists. Obama Complaint103 filed Aug 2010 by ACLU lawyers on behalf of the family of NASSER Al-Aulaqi.99 How your tax dollars are invested. This Feb 2012 lawsuit100 requested disclosure of an alleged legal memorandum written by the DoJ Office of Legal Counsel which provided justifications for targeted killing of Anwar al-Aulaqi.S.000 to help find a bride for him.org/national-security/anwar-al-awlaki-foia-request 101 http://www.com/doc/36645099/Alaulaqi-v-Obama-Complaint 23 Located in my personal PC / Studies / Drones . government filed its first response to the ACLU lawsuit challenging the targeted killing of the three U. Aug 2010. and that requesting before -the-fact judicial review raised “political questions” that the court could not decide.scribd. which are authorized to address matters of national secrets. The U. saying Al-Aulaqi’s father lacked standing to bring suit. A federal district court dismissed the case. citizens 2011 in Yemen.com/2012/10/15/report-cia-arranged-bride-for-terrorist-in-plot-to-killhim/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NationalTerrorAlertResour ceCenter+%28National+Terror+Alert+Response+Center%29 100 http://www.aclu. a US citizen killed by a US drone. Anwar 99 http://abcnews. The Oct 2011 lawsuit was for info about why the US killed these 3 Americans with drones. an 11 page Alauqui vs. but it is refusing to address issues of US government agents planning to kill people? If courts cannot address topics because of military secrets.scribd.com/Blotter/report-cia-arranged-bride-terrorist-plotkill/story?id=17437763#.101 In 2010.go. officials to the media about the program. This Feb 2012 lawsuit follows an Oct 2011 FOIA lawsuit which the US government refused to cooperate with. Michael Cook102 uploaded. ACLU loses FOIA on US citizens killed by drones (3 Jan 07) Dec 14. The lawsuit wants the court to declare this is inappropriate behavior for the US to engage in.S. 2012. as well as records describing the factual basis for the killings of all three Americans. before his death.aclu. The US Judicial System is imprisoning alleged terrorists who plan attacks.S. when you consider the number of alleged terrorists imprisoned or killed not for anything they have done.

com/blogs/hillicon-valley/technology/263613-aclu-requests-documents-on-domestic-drones 105 24 Located in my personal PC / Studies / Drones .org/national-security/al-aulaqi-v-panetta 107 http://afgeneralcounsel.aclu.lawfareblog. is part of DHS.aclu. for the USAF. The government's motion is available here. citizens do not enjoy immunity where non-citizen belligerents are valid military objectives. any foreign court.pdf 106 www. but also without ever having to justify its actions under the Constitution in any courtroom .  The senior ethics lawyer. and reportedly has at least 10 drones patrolling US borders.html I downloaded.org/blog/secrecy/2012/09/targeted_killing. Tues Oct-23 2012.109 Legality of US Citizens killed by drones (2 Sep 11) DoD General Counsel Jeh Johnson. "The essence of the government’s argument was that the US has the authority to kill Americans not only in secret.24 Drone Scribd 3/17/2013 1:24:30 PM Al-Awlaki.” UNQUOTE ACLU FOIA: Drones in USA (2 Oct 24) ACLU issued FOIA. 108 which has raised a storm of debate in the blogosphere.dodlive.lawfareblog.aclu.106 This US government position has led to a storm of controversy and debate.S. seeking records on the use of drones in US domestic airspace from five US government departments and agencies:111  Department of Homeland Security (DHS).fas.105 More information on the case is available here.”104 That includes any US court.aclu. calling my copy: CRS Kill US Citizen Legalities 2012 May.org/files/assets/tk_govt_motion_to_dismiss. explained QUOTE110 “Belligerents who also happen to be U.com/2013/01/treason-murder-and-dicta-judge-mcmahon-on-drone-strikes/ 110 https://www. containing many agencies which use drones. mentioned this case.org/national-security/us-asks-court-not-consider-targeted-killing-challenge www. according to DHS Inspector General (IG) report 2012 May. any international court. o There are many agencies within DoJ. including: 104 http://www. o DHS is one of the largest USA departments (Department of Defense (DoD) is another).com/2013/01/summary-judgment-for-the-government-in-targeted-killing-foiarequest/ 109 http://www. and some of them I have found to be operating drones. o Customs and Border Patrol (CBP) has the largest police air force in the world. his 16-year-old son Abdulrahman and Samir Khan.org/blog/technology-and-liberty/aclu-asking-federal-government-how-its-using-dronesinside-us http://thehill.mil/2012/12/18/targeted-killing-litigation-update/ 108 http://www.  Department of Justice (DoJ). in a Feb 2012 speech at Yale Law School. 111 http://www.107 The court ruled in favor of the government’s position.

NOAA = National Oceanic and Atmospheric Administration. o They had not previously been on my radar screen. the CBP. 113 https://www. where other branches of the US armed forces have drones. I know the National Guard is considering getting drones. General Services Administration (GSA). o Federal Bureau of Investigation (FBI). The ACLU requested information on how the drones are being funded. I believe most of the US military drones. o USAF is part of DoD. US Forest Service (in Dept of Interior). in DoE (Dept of Energy). because they found out from a GAO report that GSA is on the list of US agencies and departments using drones. NASA = National Aeronautics and Space Administration. so I will be interested to see what the ACLU finds out. it establishes regulations and inspections for air safety of drone operation by other organizations. I concluded that the FAA does not itself operate any drones. do not know if they have them yet. the types of data they are collecting and who has access to the drones and their data. United States Air Force (USAF). and it may be a military secret which branch of the armed forces is operating most of the US drones used. which is not part of ACLU FOIA. and US Army.112 Reviewing my earlier Drone Notes.25 Drone Scribd 3/17/2013 1:24:30 PM    o Drug Enforcement Agency (DEA).org/ 25 Located in my personal PC / Studies / Drones . being operated in the USA. That fact had not previously got into my brain. o In my earlier research. are under the auspices of the CIA. since I had thought of them as primarily managing office buildings. US Marine Corps. other US government departments and agencies flying drones include:     DARPA = Defense Advanced Research Projects Agency. including the US Navy. according to DHS IG report. and does not cover the same mix of agencies. o The ACLU says FOIA to GSA. rather. for military purposes. their technical capabilities. Idaho National Laboratory (and similar institutions). regarding drone use. where most of my info sources are from the Electronic Freedom Foundation (EFF)113 FOIA and news stories. o FAA is within the Department of Transportation. but the most recent data to EFF is dated many months ago. However. I have found that FOIA from EFF have already found much of this info. which has regulations for hobbyist model aircraft.   112 USDA = United States Dept of Agriculture.eff. Federal Aviation Administration (FAA). In my previous research. o Many agency loaners from CBP. in other nations. although a recent Government Accountability Office (GAO) report indicates that Congress may have created a legal limbo by removing model aircraft regulation from all government agencies jurisdiction. part of DoD. I have found several GAO reports on drones.

) Drone Wars UK Briefing for 2011 (2 Sep 7) I rank this document as one of the most useful. 3/17/2013 1:24:30 PM EFF FOIA: Drones in USA (2 Oct 24) The Electronic Freedom Foundation (EFF)114 has issued FOIA to over 200 government organizations.115 As they find and share info. This is a 36 page report by Chris Cole.26  Drone Scribd USGS = United States Geological Survey (in USDA).  19 agencies have responded to EFF with documents detailing their use of drones.org/deeplinks/2012/10/eff-and-muckrock-have-filed-over-200-public-records-requestssurveillance-drones 116 http://www.117 in Oxford Britain UK. so we should include year in title. Use Acronym Clarification chapter as an aid to studying this document. o 8 of the 74 are on the list that FAA released of agencies which have requested permission from the FAA to use drones. post-9/11. and uploaded to Scribd by Popper 101116 on March 2012.  74 agencies claim they are not in fact doing anything with drones.net info@dronewars. educating us about military use of drones by NATO nations. so EFF is following up with them to try to reconcile the conflicting stories. Some funding. in the Scribd collection. Chris Cole is with Drone Wars Net.org/ https://www. requesting info on their use of drones.eff.com/doc/84993286/Drone-Wars-Briefing-Final2 Located in my personal PC / Studies / Drones 26 .scribd.eff. for this research. published January 2012.net 118 UK = United Kingdom of Great Britain and Northern Ireland. This briefing’s topics include:  Evolution of Drones  History of Drone operations by NATO nations  UK Drone history and operations  US Drone history and operations  Targeted Killing Legal issues  Public Accountability and Debate 114 115 https://www. rewording. I have been adding to my Drone Notes. Here is summary as of 2012 Oct 23:  89 agencies have not yet replied.scribd.  7 agencies rejected the FOIA request on a variety of grounds  14 agencies require some other fix (redirect. I plan to read it again. in anticipation of later seeing future year editions.118 They plan to attempt annual briefings on what has been found out since their prior report(s).com/popper101 117 www.119 came from Joseph Rowntree Charitable Trust. payment etc.dronewars. after I get caught up skimming many other Drone documents I have recently got my hands on. in recent conflicts. 119 http://www.

2013: Today the UN announced the official launch of an investigation into targeted killings by the United States and other governments. which is there.scribd. and has nice packaging. Although the information. Wikipedia knows about many more nations using drones. killing people whom Reprieve says are innocent. one by CIA. This Drone Wars UK Briefing thru 2011 is in my Drone Info collection on Scribd. similar to those that ACLU brings in the USA. and includes details I have not seen anywhere else. CBP is said to have the largest police air force in the world. is both outstanding. which is one of the official documents in my collection. In one of them.122 UN 2013 Investigation (3 Mar 04) Jan 24. then we are 50 pages into the thing before any of that is explained. it might also belong in Drones Military.  Each chapter section starts with background info about the overall topic. 120 Unfortunately.  It references many other documents about drones. and stimulating sources of info on Scriibd about Drones. or they being used by others there. which links to many educational. which are worth looking into. used in support of US drone strikes. plus I have found news articles about military uses of drones neither of these sources know about yet. then focuses on what has happened in the last year.121 If I start any sub-collections. The inquiry will include 120 I hate some government and UN documents which drown us in unexplained geeky terminology. The info here is massive. it appears to be incomplete.  There is clarity of whose effort created it. This story is incomplete.  It is well organized.com/collections/3807680/Drone-Info at http://www. as with most all drone research efforts. it challenged British intelligence. Reprieve Drone Lawsuits in Britain (2 Dec 28) Reprieve has brought lawsuits in Britain. 121 http://www. interesting. as we can see from DHS IG Audit of CBP (mis) use of drones 2012 May. This briefing claims the USA operates two military drone fleets. in this case 2011. worthy of re-reading several times. either using drones.com/2012/12/british-court-rejects-drone-lawsuit-will-decision-affect-supremecourt-decision-in-kiobel/ 27 Located in my personal PC / Studies / Drones . to absorb all which is there.com/AlMac99 122 http://www. than are referenced here.lawfareblog. See my Drone Notes for info on over 70 nations I have found so far. with no ties to any terrorist organization.27 Drone Scribd 3/17/2013 1:24:30 PM There are things I like about this briefing.scribd.  Glossary of key terminology is found near the front of the document. as opposed to Drones used for Police or peaceful civilian applications. and other by DoD.

wired.28 Drone Scribd 3/17/2013 1:24:30 PM the civilian impact of the use of drones and other forms of targeted killing.org/EN/Issues/Terrorism/Pages/SRTerrorismIndex.latimes.N.ca/proliferation-of-armed-drones-for-global-security-will-the-un-drone-inquiryget-to-the-heart-of-the-matter/5320536 http://readersupportednews. Human Rights Council on targeted killing is at: www.org/opinion2/277-75/15725-focus-democracy-the-biggest-victim-of-the-usdrone-program http://www. It will include drone usage in:123  Afghanistan  Pakistan / FATA  Palestine / Gaza  Sahel Africa / Mali  Somalia  Yemen The inquiry will be led by Ben Emmerson.com/2013/01/drone-strikes-the-un-special-rapporteur-investigation-and-the-dutyto-investigate/ http://www.org/en UN Human Rights.lawfareblog. follow us on social media: Facebook: https://www.pdf Universal Human Rights Index: http://uhri.co.ohchr.html http://www.unmultimedia. http://www.816883.com/news/europe/2013/01/201312411432248495. http://www.com/unitednationshumanrights 28 Located in my personal PC / Studies / Drones .aclu.lawfareblog.aclu.org/tv/webcast/2012/06/aclu-clustered-id-on-expression-and-executions-continued5th-meeting. the U. http://www. focusing on the applicable legal framework.N. General Assembly in the fall. 124 The results of the investigation. is a British human rights law specialist. The actual content shares summary info.uk/news/world-21176279 http://www. (United Kingdom).aclu.125 123 124 See Drone Nations for links to stories about drone usage in each of these territories. but detail will diverge.bbc.com/2013/01/drone-strikes-the-un-special-rapporteur-investigation-and-the-dutyto-investigate/ 125 I am posting this update in both Drone Dates (Time Line of what happened when.guardian.aspx Lawfare says Ben Emmerson.globalresearch.0.facebook.com/2013/01/todays-headlines-and-commentary-349/ http://www.12. when he is not working for the UN.01.org/national-security/targeted-killings ACLU’s statement to the U.N.html Emmerson's statement from Jan 24 at: www.co.com/news/world/worldnow/la-fg-wn-un-investigation-drones-targeted-killings20130124.aljazeera. special rapporteur on counterterrorism and human rights.lawfareblog. a critical examination of the factual evidence concerning civilian casualties. starting with international law implications) notes. and how we found out) and Drone Scribd (multiple topics.org/files/assets/emmerson_statement_on_un_tk_inquiry_24.ohchr. will be reported to the U.org/national-security/un-human-rights-expert-launches-targeted-killing-inquiry http://www.aclu.story http://www.uk/world/2013/jan/24/un-examine-uk-afghanistan-drone-strikes http://www. to be run from Geneva.org/national-security/un-human-rights-expert-launches-targeted-killing-inquiry http://www.com/dangerroom/2013/01/united-nations-drones/ More information on the ACLU’s lawsuits on targeted killing is at: www.

to/unitednationshumanrights YouTube: http://www. and debating the issues. UNQUOTE Granted. Pakistan and Yemen as well as the West Bank and Gaza. I agree that there is a bit of a double standard. which leads to misinformation in reporting.com/p/news/opinion/editorials/the_un_drones_on_goDTNv7KeeXlNoU1YFshfN 29 Located in my personal PC / Studies / Drones . 126 UN 2013 Investigation backlash (3 Jan 28) Government programs include a lot of secrecy.29 Drone Scribd 3/17/2013 1:24:30 PM The UN is not alone in the concern about the US apparent claim of a legal right to kill anyone anywhere.com/comment/insight-opinion/article/1177436/urgent-need-international-rules-drones 127 http://www. with the exception of Syria mass-murdering their own people.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12943&LangID=E 126 http://www. it’s fair to say that the defendants here are the US. in territories outside of some Twitter: http://twitter. it is the fox guarding the hen house. However. but drone strikes on private residences are virtually guaranteed to kill women and children who share the household. There’s a lot of inaccuracies in news media. UN audits and investigations generally seem to be run by qualified individuals. Jan 28 2013. Britain and Israel. The New York Post has such an ignorant misleading biased article. The grossly misnamed UN Human Rights Council … Given that the probe focuses on the use of drones in Afghanistan.youtube. when they write. which means what people in government can say about drones is limited. and the precedent this sets for other nations. which have a bad record on human rights.nypost.ohchr. I agree that the UN Human Rights Council has many nations involved.com/UNrightswire http://www.com/UNrightswire Google+: gplus. in that the UN is not investigating drone attacks by:  Armenia  Azerbaijan  Georgia  Russia  Syria  Turkey However. these nations do not have the degree of high volume blatant abuse of drones.com/UNOHCHR Storify: http://storify.scmp. individual enemies dress such that they are difficult to distinguish from the civilian population. with zero transparency. In fact most all UN Councils are formed of nations in need of over-sight. QUOTE:127 Innocents wouldn’t have to die if the terrorists were not so cynically using them as protective shelter.

Hezbollah out of Lebanon. more or less at peace. living in a civilian area. France. The Pakistan Parliament unanimously demanded that the US stop the drone attacks in Pakistan. Yemen: USA allegedly with approval of Yemen government. as a legitimate target. how I know the following info. but appeal to the UN. except for the US attacks. Many nations have asked the UN to intervene.com/2012/06/21/ministry-tells-court-no-agreement-on-drone-attacks/ See that document for citations.128 The US government gave them the finger. and instead of arranging with local authorities for the arrest and extradition of that person. everyone around them. So what is Pakistan to do next. Pakistan. or declare that a state of war exists between USA and Pakistan. Many nations see no difference between the USA bombing some home. which the UN acknowledges. Israel. USA is the prime target of the investigation. bombs their home. Granted this is cheaper than boots on the ground. but the collateral damage appears to be much greater than US acknowledges. first responders. Australia. Canada. led me to listing the places where the UN is investigating drone usage (see above). because one enemy is inside. in Afghanistan: USA. to attack people who appear to be innocents. Britain.129 Drone activities have been conducted by the following nations or regions. The Supreme Court of Pakistan declared that what the US is doing in Pakistan constitutes war crimes and grave violations of international humanitarian law. as USA practices. or school. and the suicide bombers who go into some night club or house of worship. Referring to my Drone Nations notes. Palestine / Gaza: Iran. Sahel Africa / Mali: USA. Somalia: Uganda with UN approval. 30 Located in my personal PC / Studies / Drones . because of US refusal to cooperate with past UN friendly inquiries. Germany. and funerals. and kill everyone there. is that the USA declares someone. A major grievance in the UN. or court house. and statements by the people involved. 128 129 http://dawn. USA in violation of UN. refusing to acknowledge their authority.30 Drone Scribd 3/17/2013 1:24:30 PM war going on. Pakistan / FATA: USA. and provide a deadline for the US to get the heck out of Pakistan? The UN press release.

132 http://www. says he’s giving his qualified backing to John Brennan.com/dangerroom/2013/02/un-drone-brennan/ 31 Located in my personal PC / Studies / Drones . There’s also a question of what penalties can be imposed on some nation. using this technology. They plan to focus on 25 case studies130 from Pakistan. There was also an investigation by the UN into targeted killings. that nation can give you the death penalty under the local laws against murder. by drones. Yemen. and under international humanitarian law. 131 I do not yet know what OPT stands for in this context. These nations. Afghanistan and the OPT131 and to examine the evidence in detail with a view to determining whether there is a plausible allegation of unlawful killing which should trigger international law obligations to investigate. Geneva and Hague conventions. will update my notes when I find out. the United Nations special rapporteur for human rights and counterterrorism. At this point in time. UN rapporteur on Brennan to run CIA drones (3 Feb 10) Ben Emmerson. In the absence of this. refused to cooperate with the international law request of the UN person in charge of investigating alleged human rights violations. two permanent members of UN Security Council (China and Russia) and several other nations. but I do not believe I have read that many. There may need to be updates to international law.132 130 I first read what the UN Special Rapporteur had to say. and help the international community reach a consensus on the legality of drones. he informed the nations.wired.31 Drone Scribd 3/17/2013 1:24:30 PM UN 2013 Investigation background (3 Jan 24) June 2011. about this 2013 investigation. particularly the USA. Shortly afterwards. international refugee law. President Obama’s top counterterrorism adviser and nominee to become CIA director. of their obligations under international law. requesting The UN Special Rapporteur to investigate the use of drones in counter-terrorism and counter-insurgency operations. it would be necessary for the UN to investigate the matter. international human rights law. Somalia. obligations which arise both under international human rights law. The UN Special Rapporteur has received an enormous number of complaints about individual drone strikes. Pakistan. international humanitarian law. to establish effective independent and impartial investigations into any drone attack in which it is plausibly alleged that civilian casualties were sustained. I had read many case studies about drone usage and legalities. which his staff is looking into. Jan 24. and standards and safeguards which should apply to their use. to reflect the reality of drones in our world. and assassinations by covert agents of several nations. on the date of the announcement. If you are an agent of the CIA or Mossad or KGB or whatever nation secret service. and you get arrested by the nation where you did some killing. made a joint statement at the UN Human Rights Council in Geneva. because of its secret service going around killing people. So I will be on the look out for links to this larger scope of information.

detailing his 3 day visit to Pakistan. March 14 statement by Ben Emmerson.co. Innocent People in the region often wear beards.com/2013/03/15/world/asia/u-n-drone-objections/index. and there is no way to prove innocent of the charges.thestar.aspx?NewsID=13148&LangI D=E 136 http://www.org/EN/NewsEvents/Pages/DisplayNews. when militants can copy it. and carry a gun. until after he had left Pakistan. may be trying to blame the CIA for more than what is their fault.uk/news/world-asia-21803391 http://www. Afghanistan. Yemen.html http://www.134 March 15 overall summary conclusions statement by Ben Emmerson.com/top-stories/item/361719-because-i-have-beard-turban-does-that-make-metaliban 32 Located in my personal PC / Studies / Drones . and the US uses this as basis of targeting. dark clothing.cnn.aspx?NewsID=13146&LangI D=E 135 http://www.bbc. Emmerson was in Pakistan the week ending March 15.wired.com/news/world/2013/03/15/us_drone_strikes_violate_pakistans_sov ereignty_says_un_investigator. Pakistan Information gathering (3 Mar 15) Ben Emmerson is examining drone attacks in 25 places in Pakistan. how destructive that war on innocent activities is to Pakistan economy. and the psychological peace of mind of the people there. http://www. As part of the UN investigation into drone war crimes.136 It does not matter what change the innocent people might make in their appearance. the Palestinian territories and Somalia.32 Drone Scribd 3/17/2013 1:24:30 PM It sounds like some of Emmerson’s informants in the USA.com/dangerroom/2013/03/un-drone-pakistan/ 134 http://www. Given drone secrecy by the US. dark clothing.bayoubuzz.com/2013/02/the-meaning-of-the-u-n-special-rapporteurs-endorsement-ofbrennan-for-cia-director/ 133 http://www. turbans.ohchr.org/EN/NewsEvents/Pages/DisplayNews. We wouldn’t have wanted the USA to assassinate him by drone while he was there. Militants in the region often wear beards. turbans. The accusation is that the USA targets people based on a profile.135 His visit was kept confidential.html http://www.ohchr. following his 3 day visit to Pakistan. public statements at odds with drone strike realities. which includes innocent people. the USA can be accused of anything.lawfareblog. and carry a gun.133 talking about innocent civilians killed by US drones.

drone strikes were only lawful if they took place at the express request of the country concerned. Pakistan denies this. journalists. their Supreme Court says it. Ben Emmerson will seek views and responses of the relevant states on the case studies and evidence collected in the first phase. The UN special rapporteur said that as a matter of international law. since the region is in much turmoil. Jan 24 was the first I heard of “the Sahel” (Mali) being involved. to expand my relevant world view. There will also be communications with the relevant states. Yemen. their Parliament says it. Pakistan has been saying on a regular basis. there is no way of knowing whether the accusation has validity. that their nation does not sanction US drone strikes on their territory. their ambassadors say it. Other sources have higher figures. the Pakistani government told him it has confirmed at least 400 innocent civilian deaths by U. so the accusation rings true. they expect to complete the evidence-gathering phase. The US says that Pakistan is only saying this to make their people happy. officials. 3. said the Pakistani government made clear to him that it does not consent to the drone strikes.S. so I will be searching for more info. It certainly makes sense that there would have been drone strikes there. a position that has been disputed by U. local and international NGOs operating in the field where these drone strikes and targeted killings have been going on. The UN team will work closely with lawyers. We know that in recent history. that in private. 137 138 33 Located in my personal PC / Studies / Drones . Their President says it. their military and intelligence leaders say it. By the end of May. From end of May to end of July. See my Drone Terms for citations. Pakistan supports the US effort. including Pakistan. This UN investigation started because several members of the UN security council asked that the USA be investigated for war crimes with drones. due to their ethnicity. police in various US cities have targeted people for harassment.137 UN 2013 Inquiry Phases (3 Jan 25) 1.138 2. According to a UN statement that Emmerson emailed to The Associated Press March 15. the UN special rapporteur on human rights and counter terrorism. with conclusions and recommendations. and trips to some of the nations impacted. not covered properly by the international media.33 Drone Scribd 3/17/2013 1:24:30 PM Since US targeting rules have been kept secret. or neighborhood residence.S. The USA disagrees. Ben Emmerson. and drafting of final report. drones on its territory. and adds that what the US is doing constitutes war crimes. and the Sahel. will be the evaluation phase. tentatively to be delivered to the UN General Assembly in October 2013. From end of July to end of September. without any evidence of wrong doing.

The inquiry will be directed from his office in Geneva. former Deputy Director for Afghanistan and South Asia in the French Ministry of Foreign Affairs. a leading forensic pathologist with specialist expertise in the interpretation of disruptive injuries caused by explosions:  Imtiaz Gul. seeking to expand my big picture understanding. co-author of the report “Living Under Drones”. before I got this Jan 24. 2013 announcement: 139 QUOTE The inquiry team which will be assisting me is140  Abdul-Ghani Al-Iryani. The legal counsel to the inquiry will be based in London. 34 Located in my personal PC / Studies / Drones .  Justice Shah Jehan Khan Yousafzai. He states in his Jan 24. with help from a staff in London.ohchr. UNQUOTE 139 www.141 a serving judge-advocate with the US military who is assisting the inquiry in his personal capacity. 2013 statement.  Sir Geoffrey Nice QC.  Lord Macdonald of River Glaven QC. former Director of Public Prosecutions for England and Wales.aclu. Executive Director of the Islamabad-based independent Centre for Research and Security Studies. former senior prosecutor at the International Criminal Tribunal for the Former Yugoslavia who prosecuted Slobodan Milosevic. the US and Pakistan with a close knowledge of the regions and the issues.12.  Captain Jason Wright.aspx 140 Many of the names of the associated organizations were familiar to me. who currently leads the Democratic Awakening Movement. an organization which specializes in forensic modeling of military conflicts for the purposes of assessing their compatibility with international human rights and humanitarian law. a political analyst and development consultant in Yemen.pdf http://www. targeting experts and NGO's and journalists from the UK. but where there are some I had not previously seen. The inquiry team will be consulting with military forensic experts.com/2013/01/ksms-defense-counsel-to-work-for-un-specialrapporteur-investigating-drone-strikes/ points out that Captain Jason Wright is the assigned defense counsel for KSM in his military commission proceeding. 141 Lawfare http://www.  Professor Sarah Knuckey of NYU.01.34 Drone Scribd 3/17/2013 1:24:30 PM UN 2013 Drone Inquiry Team (3 Jan 26) Ben Emmerson’s mandate is to establish the facts as reliably as possible. Nat Cary.org/EN/Issues/Terrorism/Pages/SRTerrorismIndex. and  Jasmine Zerinini. a trans-partisan political advocacy movement which promotes democracy and the rule of law in Yemen:  Dr. I am also working closely with Forensic Architecture.org/files/assets/emmerson_statement_on_un_tk_inquiry_24. a former Senior Puisne Judge of the Peshawar High Court in Pakistan.lawfareblog. I will be looking them up.

AC-130 gunships.org/national-security/obama-administration-files-midnight-brief-defending-secrecysurrounding-targeted https://www. how kill lists are created. naming it: SSRN146 Targeted Killing Process 2013 March147 127 pages o Here is info about a memorandum to US Congress on the topic. and other National Security issues.org/blog/secrecy/2012/09/targeted_killing.wikipedia.org/wiki/Targeted_killing http://www.org/national-security/al-aulaqi-v-panetta http://www.org/blog/secrecy/2012/09/targeted_killing.24. Also https://www.151 142 Drone Terms are my definitions of over 1.html 149 https://www.ly/KillLists which I have downloaded.com/2012/12/george-will-on-drones-assassination-and-targeted-killing/ 144 http://www. Available at SSRN: http://ssrn.washingtonpost.pdf which I called: CRS Drone Fourth Amend 2012 Sept.000 concepts found in reports on Drones.pdf 146 SSRN = Social Science Research Network 147 2013 Mar 14 downloaded from https://papers.cfm?abstract_id=1819583 148 https://www. managed.or air-launched cruise missiles).lawfareblog.com/2012/12/todays-headlines-and-commentary-325/ 145 See in official document collection: UN Drone Legalities 2010 May. Typically nations which carry out such assassinations. Kill-Lists and Accountability (March 5..org/secure/tell-top-lawyers-cia-and-pentagon-end-illegal-targetedkillings?ms=web_targeted_killings_ac http://www. but some implications144 are discussed in this UN report.foreignpolicy.aclu. which I have been studying. and how we found out.fas. of what happened when.lawfareblog.org/english/bodies/hrcouncil/docs/14session/A.html?tid=wp_ipad via http://www. http://www2. calling my copy: CRS Kill US Citizen Legalities 2012 May.mepc. 143 Targeted Killing https://en.fas. more than 95 per cent of more than 400 non-battlefield targeted killings150 by the USA have been conducted by drones (the remaining five per cent were Joint Special Operations Command raids.Add6. o Since 9/11. a.ssrn.com/sol3/papers.2139/ssrn.149 listed in Drone Reports directory.org/journal/middle-east-policy-archives/drone-warfare-blowback-new-american-waywar?print http://www.HRC.145 Multiple reports evaluating international law implications of drones are in Drone Scribd.ohchr. and offshore sea. For a detailed analysis of the targeted killing process. keep it secret.148 I have downloaded several relevant CRS reports. See examples in Drone Dates time line.org/features/the-think-tank/essays/lethal-drones/ 35 Located in my personal PC / Studies / Drones . CRS = Congressional Research Service FAS = Federation of American Scientists 150 http://www.aclu.142  Targeted Killing143 is not defined under international law.org/10. thru execution of the targets. deny they are doing so.doi.org/sgp/crs/natsec/R42701.com/abstract=1819583 or http://dx.html which I downloaded.aclu.1819583 or http://bit. 2013).com/opinions/george-will-drones-have-a-place-in-modernwarfare/2012/12/07/7a91c88a-409f-11e2-bca3-aadc9b7e29c5_story. and what accountability (if any) is included.35 Drone Scribd 3/17/2013 1:24:30 PM Targeted Killing Legal Perspectives (3 Mar 16) Here is a relevant definition. Gregory S. and other killings. copied from my Drone Terms.fas.com/articles/2012/10/30/the_long_third_war?page=full 151 http://opencanada.14. see: McNeal.

Distinction.fas. State Department Legal Adviser.” UNQUOTE o Notre Dame law professor Mary Ellen O'Connell insists targeted killings are illegal under international law.156  "We wouldn't accept or want a world in which Russia or China or Iran is claiming authority to kill alleged enemies of the state based on secret evidence of the executive branch alone. in self defense.36 Drone Scribd 3/17/2013 1:24:30 PM o DoD General Counsel Jeh Johnson.org/blog/secrecy/2012/09/targeted_killing.153 o Attorney General Eric Holder in a March 2012 speech at Northwestern University School of Law. AUMF.fas. CRS. either under the laws of armed conflict. Civilian.  Lethal operations. Co-Belligerents.html I downloaded. DoD.html I downloaded.org/blog/secrecy/2012/09/targeted_killing. Harold Hongju Koh. This gives the US justification to kill those people. Citizens of USA. "And yet that's the authority we're asserting. International Law. he maintained.com/#section/-1/article/p2p-72796888/ 36 Located in my personal PC / Studies / Drones .net/attorney-general-eric-holderspeech-on-targeted-killing-of-u-s-citizens-full-transcript/ 155 https://www. .fas. in a Feb 2012 speech at Yale Law School. Proportionality. also see related concepts: Assassination. explained that targeting decisions are an Executive function not subject to Judicial review: 152 o U.com/2012/10/todays-headlines-and-commentary-286/ http://touch.lawfareblog.org/blog/secrecy/2012/09/targeted_killing. 154 Full Transcript of Eric Holder speech: https://publicintelligence. explained that the USA is engaged in an armed conflict with alQaeda.S.latimes. the Taliban and associated forces. calling my copy: CRS Kill US Citizen Legalities 2012 May. LOAC. calling my copy: CRS Kill US Citizen Legalities 2012 May. 152 https://www.154 He asserted that QUOTE:155  AUMF provides domestic authority and the existence of an armed conflict provides international legal authority to target enemy belligerents. Self Defense. because the USA has created a precedent for other nations to copy. calling my copy: CRS Kill US Citizen Legalities 2012 May."  I believe that is the world we are going to get. 156 http://www. Geneva Convention. defended the legality of the lethal targeting program. in a March 2010 speech to American Society of International Law. or both. if the host nation provided its consent or a determination had been made that the nation “is unable or unwilling to deal effectively with a threat to the United States. are legal in other countries. o In Drone Terms. Unlawful Combatant." O'Connell said. 153 https://www.html which I downloaded. by the US.

2012 statement by UN Special Rapporteur Ben Emmerson:158 QUOTE There are those who contend that outside situations of recognized international armed conflict.com/2013/03/todays-headlines-and-commentary-377/ 158 www. so if in fact NATO will soon withdraw from Afghanistan. 157 http://www. At the other end of the spectrum the analysis which has been promoted by international lawyers in the United States.washingtonpost.html http://www. permit the use of lethal force only where it is strictly necessary as a matter of immediate self-defense. not against people believed to be a threat to the NATO homelands. and by John Brennan. President Obama’s nominee to head the CIA.aclu. and without limit of time.ohchr. Legal Theories on Drone Usage (3 Jan 24) According to Jan 24. without geographical boundaries to the theatre of conflict.com/world/national-security/un-rights-advocate-seeks-release-of-findingson-cia-detention/2013/03/04/f71db894-851b-11e2-98a3-b3db6b9ac586_story. to the effect that Western democracies are engaged in a global war against a stateless enemy. UNQUOTE break In the opinion of Al Macintyre (author of these notes) the justification the USA may be using for drone strikes in FATA area of Pakistan. the applicable framework is international human rights law. and particularly the provisions of Article 6 which protects the right to life. The standards set out in Covenant on Civil and Political Rights.reuters.com/article/2013/03/04/us-rights-un-terrorismidUSBRE9230JN20130304?feedType=RSS&feedName=worldNews&utm_source=feedburner&utm_medi um=feed&utm_campaign=Feed%3A+Reuters%2FworldNews+%28Reuters+World+News%29 http://www. under which it is unlawful to engage in any form of targeted killing.aspx 37 Located in my personal PC / Studies / Drones . it will be interesting to see if those drone strikes continue. and by the majority of international lawyers outside the United States of America.org/files/assets/emmerson_statement_on_un_tk_inquiry_24. and may use lethal force only if the person they are seeking resists arrest and it proves strictly necessary to use firearms.org/EN/Issues/Terrorism/Pages/SRTerrorismIndex.37 Drone Scribd 3/17/2013 1:24:30 PM Torture under Bush Administration (3 Mar 05) Ben Emmerson is asking US Congress to declassify the report on people tortured under the Bush Administration.lawfareblog. Under this analysis States wishing to take action against suspected terrorists located outside a recognized situation of international armed conflict must first try to effect an arrest.01.157 He is also asking the UK government for a similar investigation report.pdf http://www. This analysis is heavily disputed by most States.12. is to protect NATO troops in Afghanistan.

because either they strike Pakistan’s allies. QUOTE resume A third way of analyzing the issue is to ask whether a terrorist organization is engaging in an internal (or non-international) armed conflict with a particular government such as the governments of Pakistan. under international law. because they are striking against mutual enemies. such as Zabet Amanullah. such as Datta Khel Nomada Bus Station.159 and attacking Pakistan government meetings. then it should also be legal for any other nation to strike anyone they please with drone attacks inside any nation. there is also the fact that Syria is using drones as part of its genocide campaign against the revolutionaries. Yemen and Somalia. or the volume of innocent bystanders.38 Drone Scribd 3/17/2013 1:24:30 PM The enemies of Pakistan. Pakistan is particularly outraged at the USA using drones to attack people running for public office in Pakistan. It is much less clear whether it can be lawful for an outside State such as the US to use military force without the express consent of the State concerned. and a state of war existing between the nation operating the drones.160 I will be interested to see US reaction. is unacceptable. It is clear that as a matter of international law such engagement may be lawful if it takes place at the express request of the government of the State concerned. and on whether it may nonetheless be lawful if the State concerned is either unwilling or unable to tackle the terrorist threat posed by an insurgent group operating on its territory. 38 Located in my personal PC / Studies / Drones . Thus some US drone strikes are welcomed by Pakistan. UNQUOTE 159 160 See Sept 2010 in Drone Dates time line. and then to ask whether and in what circumstances it is lawful for a third State to become engaged as a party to an internal armed conflict in support of the government forces. but friends of the USA. See details in Drone Terms. International lawyers disagree on whether tacit consent or acquiescence is sufficient. then the Syrian government escalated a conflict which could have been resolved without any bloodshed. on whether the deployment of remote targeting technology in such circumstances amounts to a violation of the sovereignty of the State on whose territory it is used. Aside from these international law issues of where we draw the line between individual assassinations. inside of Pakistan. when Pakistan drones strike at people who are enemies of Pakistan. and the nation where they are attacking. for the US drones to attack anyone the US pleases inside Pakistan or any other nation. overlap with the enemies of the USA. killed by some US drone strikes. who started out as a peaceful protest against the Syrian government torture of school children. listed there to cite an example of alleged war crimes via US drones. Some are hated. inside of Pakistan. If it is legal.

The same pattern is true for all sorts of human behaviors. Not all nations operate by the principles of Western Law crafting. This is a law which says that companies need to manage their resources in a responsible and safe manner. and it was legal to share pornography that way. until the legislators caught up. New technology means new ways to do things that are illegal under the old technology. people can do anything they please. if you do some scandal that embarrasses your people. the law is also retroactive on them for 2 years before they qualified. Then people got video cameras. until the government catches up and makes that illegal also. but at the instant they achieve those characteristics. and in different places inside nations. which may lead to a change in our understanding. Within many nations.39 Drone Scribd 3/17/2013 1:24:30 PM The international community lacks consensus. in the USA. especially USA in wake of 9/11. So it is with international law. It is important to seek consensus among the citizens of the nations deploying these weapons. unless there is a law against it. people can get away with murder. The legal issues also apply to manned attacks. but there is intense debate at the UN on how to resolve this issue. There are a few exceptions such as SOX in USA. For example. and it was legal to have pornography on TV until new laws drafted. moving forwards. and missile strikes. so as technology makes it possible to do things in a different way. you could get executed by causing the government to lose face. until new laws drafted. in different nations. These legal theories may have different applicability in different theaters of conflict. 39 Located in my personal PC / Studies / Drones . which has not yet caught up with the reality of what can be done with Drones. Then people got cell phones with cameras. and it was legal to share pornography that way. until the legislators catch up with reality and say that also is illegal to do whatever with the new technology. Most laws make something illegal from the date the law is passed. most of which are democratic states. Then TV was invented. International Law on Drones (3 Jan 24) I wrote up this section. before the UN 2013 human rights investigation. to add TV to books and magazines. and how some nations are dealing with terrorists and freedom fighters. but it is the use of the drones which has sent this topic to the top of the international human rights agenda. It only applies to companies with certain characteristics. pornography was illegal in books and magazines. In China.

40 Drone Scribd 3/17/2013 1:24:30 PM Irrespective of the laws. all thru history. where standards need to be established. there are also civilized principles or traditional values within each nation’s heritage. Also. such as via voting. so US politicians should not be surprised. with the same title. Legal Geography of War (2 Sep 11) The Hoover Institution at Stanford University165 uploaded June 2011 to Scribd a 20 page document they called Targeted Killing and Drone Warfare: How we came to debate whether there is a Legal Geography of War. edited by Peter Berkowitz. Just as democracy cannot work if the people do not participate. by Kenneth Anderson. All nations. with no accountability.167 Copyright of this publication is for educational and private. 163 Jimmy Carter164 is one of the people denouncing this activity. No part of it may be reprinted.com/HooverInstitution 166 http://www. with what targets. many nations have signed international law treaties.nydailynews. I provide links to this topic in Drone Terms research document. who have been taught those values. ratified them. mechanical.com/story/147967/who-care-about-leaks-problem-is-drone-policy-itself.scribd. spy craft.futurechallengesessays.html 164 http://india. human rights do not work if the people are ignorant of what their rights are.huffingtonpost. One UN official wants the US to publish what drone strikes have been made where.com .162 Also many people in the USA are upset with the apparent US policy of killing anyone anywhere in the world. photostatic.com/doc/57295260/Targeted-Killing-and-Drone-Warfare-How-We-Came-to-DebateWhether-There-Is-a-%E2%80%98Legal-Geography-of-War%E2%80%99-by-K-Anderson 167 Preferred citation is Kenneth Anderson. the USA has successfully exported many standards of liberty and justice around the world.google. and how to insist on getting them. assassinations.newser.google. when the people. non-commercial use only. reproduced. Many advocacy groups say military drones are a new kind of weapon outside the rules of war and civilized behavior. recording.ireland.161 The USA is resisting this. In the 20th century. etc. “Targeted Killing and Drone Warfare: How We came to Debate Whether there Is a ‘Legal Geography of War’ (April 2011). are protesting US apparent violation of them. 40 Located in my personal PC / Studies / Drones .com/u/0/100550489777532033150/posts/VeoYq68L249 https://plus.html? 162 https://www. http://www. or other means without the written 161 http://www.” Future Challenges in National Security and Law.com/u/0/109220763275563718852/posts/TCZmZET7dct 163 http://www. have resisted giving out any info on covert operations.com/newsarticle/4fe8745eb1e35d8b74000001/jimmy-carter-savages-usforeign-policy-over-drone-strikes 165 http://www. or transmitted in electronic.com/2012/06/20/un-drone-investigation-us-dodgingquestions_n_1612704.166 It had been written. and why. digital.com/breaking-news/un-report-condemns-us-drone-strikes/662296 https://plus. incorporated them into their national laws.scribd.

long before they see this info at the very end. tin tin Wisniewski (tintinyw@stanford. Many news stories also seem to be oblivious to this distinction. secret laws. For permission to reprint.  It explains applicability of which parts of the Geneva Convention to the kinds of conflicts we are involved in today. not the President.html I downloaded. The US military is moving away from manned warfare to drone warfare because of Congress.org/blog/secrecy/2012/09/targeted_killing.org/2012/07/19/assassination-nation/print http://www. This Legal Geography of Warfare concept. reproduce. have been engaged in covert assassinations for at least half a century. but are largely driven by Congress decisions how to address the Budget Deficit. but it appears like US authorities agree with it.41 Drone Scribd 3/17/2013 1:24:30 PM permission of the copyright holder. after reading some info at the front. which need to be resolved.  It is nice that they spell out copyright rules.  They are copying what other people are saying. but this info is at the very end.  We have a dichotomy between policy advocates of torture. A normal person might copy parts of the document. and drone warfare.democratandchronicle. which is part of the Blame Game. if there is ever to be a meeting of the minds. or transmit. The behavior is not new. the United 168 http://www. Because we are engaged in an armed conflict with al-Qa’ida. The USA and other nations. From US perspective. lacking in many other documents. It sounds almost like a lawyer essay written for other lawyers.  Legal terminology is used. what has changed is the visibility.com/article/20120813/OPINION02/120810012?nclick_check=1 169 https://www. QUOTE:169 The United States does not view our authority to use military force against al-Qa’ida as being restricted solely to “hot” battlefields like Afghanistan. stated.168 The drone attacks are just a different technology doing the same kind of thing. they come under the rules of ordinary life where there is no war. contact Ms. From perspective of Pakistan lawyers. is not universally accepted.fas. 41 Located in my personal PC / Studies / Drones .  There is a clarity here. John O. and other documents. Brennan. without explanation. as opposed to critics who feel this is getting too much like war crimes.edu). drone attacks in Pakistan come under the rules of war. This document addresses challenges of the two mind sets. Many changes in US military policies and tactics have occurred during the Obama administration yes. calling my copy: CRS Kill US Citizen Legalities 2012 May.  This. Assistant to the President for Homeland Security and Counterterrorism. tend to imply that drone killings are a brand new violation of international law. There is some good stuff here.counterpunch. There is stuff in here I do not like. in a September 2011 speech at a Harvard conference on national security law.

scribd.com/AlMac99 172 http://www. not just drones. not one single state. I plan to read it again. 170 171 See Self Defense in Drone Terms. Aug 2010. in May 2010.175 This is a massive piece of research.scribd. which has been conducting targeted killings. and every effort should be made to avoid collateral damage to innocent civilians in the area. I did not upload to Scribd. As of when this report was published. Michael Cook174 had uploaded the May 2010 UN report on targeted killings to Scribd.scribd.com/World/terrorism-security/2010/0603/US-defends-unmanned-drone-attacksafter-harsh-UN-report 173 http://www2. if I ever get caught up skimming many other Drone documents.ohchr.com/NewMediaFoundation 175 http://www.14.  Their basis for defining legitimate targets. UNQUOTE This Legal Geography of Warfare is in my Drone Info collection on Scribd.Add6. it might also belong in Drones Legal and Drones Military.com/collections/3807680/Drone-Info at http://www. it does not seem to recognize the concept of the Legal Geography of War.org/english/bodies/hrcouncil/docs/14session/A. within an area of armed conflict. under international humanitarian and human rights law. where I have a separate chapter on that. due to my uncertainty about copy where permission. 174 http://www.HRC.170 And as President Obama has stated on numerous occasions.pdf I have downloaded this 2010 May UN report. including its explanation of how they fit into the international law issues identified in this report. it is legitimate to target. UN Legalities of Targeted Killing (2 Sep 10) Here is Christian Science Monitor172 story on US government reaction to a 29 page UN report173 on targeted killing. and uploaded 2012 Sep to my Drone Info collections on Google Docs Drive and Linked In Box Net.171 If I start any sub-collections. prosecuted and punished. only those people who are directly participating in the hostilities. As with may other documents I have reviewed.  Their safeguards to ensure that killings are lawful and justified. with many citations.  Their accountability mechanisms to ensure wrongful killings are investigated. had disclosed  The full legal basis for doing so. for killing.com/doc/36645111/UN-special-rapporteur-Report-on-extrajudicial-Philip-Alston 42 Located in my personal PC / Studies / Drones .scribd.csmonitor. http://www.42 Drone Scribd 3/17/2013 1:24:30 PM States takes the legal position that —in accordance with international law—we have the authority to take action against al-Qa’ida and its associated forces without doing a separate self-defense analysis each time. The UN document says that.24. I have recently got my hands on. redefining the location of war as being the location of the persons involved in the war. we reserve the right to take unilateral action if or when other governments are unwilling or unable to take the necessary actions themselves.

they also may be targeted for killing. and concludes that they are not.  It spells out how in some nations. who conduct targeted killings. Refusal by States. and whether their positions are supported by international law. then state actors have violated the court. who whistle blowed on these violations. Also see Sovereignty in the Acronym Clarification section. there have been court rulings on how much of this is justified. what is prohibited.  It identifies behaviors by many nations. which fall into this category. and those individuals. this report cites rulings by UN Security Council. NATO self defense. to provide transparency about their policies violates the international legal framework that limits the unlawful use of lethal force against individuals.  I lack comprehensive reading and studies to far to fully appreciate many arguments here.  It spells out the challenges.43   Drone Scribd 3/17/2013 1:24:30 PM Who they targeted. to spell out which is covered. when it is self evident to the world that they are lying. Their basis for kill rather than capture. which we have found in the behavior of nations. usually residing in other nations. and which is not. why they are doing these things. have been treated as enemies of the state. but includes many kinds of lethal force used by agents of various governments to assassinate people. if those killings were not done with the approval of that nation. which contributes to the mess. 43 Located in my personal PC / Studies / Drones . of the revised practices and technologies. and they may be subject to prosecution in nations where they caused the killing.  It identifies areas where laws appear to have been violated by nations. and an accounting of innocent bystanders killed or injured in the attacks. There is some stuff I do not like:  The use of acronyms are sometimes hostile to the reader. and not doing.  It addresses the issue of whether CIA assassins are unlawful combatants.  It shows that all through history there has been a pattern of nations denying that they are doing these things. However.  Where others have claimed that this or that law has priority over some other law. in international law.  It meshes with international law. using examples from recent history.  It identifies what state actors are doing. This is not limited to drone attacks.  It presents explanations given by state actors.  It defines terminology. to clarify such considerations. International Courts of Justice. There are many things I like about this report. since they are participating in hostilities. why.

it might belong in Drones Legal. is on board as well. Paul Robinson is a professor in the Graduate School of Public and International Affairs at the University of Ottawa.176 If I start any sub-collections. and cannot.177 He wrote an article Who Will Be Accountable for Military Technology? It was published Nov 15.180 The International Committee for Robot Arms Control. a group of academic experts on robot technologies and international security. Peter Bergen.com/2012/10/01/opinion/bergen-world-of-drones/ 181 http://robots. domestic and international law are not well suited to dealing with robots that commit war crimes. and new weapons technologies.html 179 http://icrac.scribd.slate. the author of several best-selling books about Osama Bin Laden.slate.scribd. calling for a UN commission to look into the entire topic of military and intelligence killing outside of the laws of war. Nobel Peace Prize Laureate Jody Williams urged the nations of the world to act against lethal autonomous robots. UN action coming soon (2 Nov 29) There have been voices from UN investigators. The pressure on the robots is mounting.com/AlMac99 http://www. be legally accountable for their actions.com/articles/technology/future_tense/2012/11/lethal_autonomous_robots_drones_tms_an d_other_military_technologies_raise.net/ 180 http://www.single. He is the author and editor of numerous books on military history and military ethics.edu/ 44 Located in my personal PC / Studies / Drones . also argued for a convention regulating lethal robots.com/collections/3807680/Drone-Info at http://www. to modernize the Hague and Geneva conventions. on CNN earlier in October. 2012 in Slate’s Future Tense. There have been activists calling for a new convention on the use of drones.paul_robinson. 21.com/authors. declaring them “beyond the pale. Underlying the debate about “killer robots” is concern that machines are not. UNQUOTE 176 177 178 http://www. As professor Oren Gross of the University of Miami School of Law told this year’s inaugural “We Robot”181 conference on robots and the law in April.44 Drone Scribd 3/17/2013 1:24:30 PM This UN Drone Legalities document is in my Drone Info collection on Scribd.miami.law. including Military Honour and the Conduct of War: From Ancient Greece to Iraq.cnn.html http://www. 178 QUOTE The “Global Campaign To Stop Killer Robots”179 kicked off in New York on Oct.” Williams is not alone. using the new technologies.

and when did we find out about it. 45 Located in my personal PC / Studies / Drones . Where did Al find the Reports upon which this research is based. bury and record civilian casualties of armed conflict in the same way as military casualties are treated.com/troi2 http://www. such as:       Dates time-line of what happened when.uk 186 187 http://creativecommons.org. and other national defense and police alleged misconduct (over 1. I plan to read it again.scribd. organized into documents by major categories. contractors. A directory of unique Terms associated with drone warfare. but on Nov 28.  they spell out responsibilities of attackers.000 and counting).184 by the Oxford Research Group.186 I like the facts that  conclusions are stated up front. What Nations have drones (about ½ of them) and are doing what with them. I want to find their first discussion paper187 which identified all elements of international legal responsibility to identify. Copyright on this: Some rights reserved.185 This is another massive piece of research. Al moved to nine.com/doc/58749675/Drone-Attacks-and-International-Law 184 DRONE ATTACKS. Major Issues we need to figure out and resolve. independent agents. before we get into the detail verbiage.0 License. with the addition of Drone Robots.scribd. to focus on what we know.0/ Recording of Casualties of Armed Conflict Project. with a huge volume of citations and links. whether they be military. and what the issues are.183 It had been written June 2011. 182 183 http://www. There were a total of eight of them. Civilian Casualties of Drone Attacks (2 Sep 9) Troi2182 uploaded June 2011 to Scribd a 31 page document he called Drone Attacks and International Law. It is licensed under a Creative Commons Attribution-Non Commercial-NoDerivs 3. 2012.oxfordresearchgroup. with a somewhat longer title. INTERNATIONAL LAW. This is the second in a pair of reports. AND THE RECORDING OF CIVILIAN CASUALTIES OF ARMED CONFLICT 185 www. if I ever get caught up skimming many other Drone documents.org/licenses/by-nc-nd/3. Mini-reviews of reports and issues raised in Scribd collection of drone reports. intelligence.45 Drone Scribd 3/17/2013 1:24:30 PM Regarding Killer Robot Drones. I added to my collection of Drone research focus areas. associated with autonomous and semi-autonomous killer robot drones. which operate without the benefit of a human in the loop. regardless of which legal rules apply. I have recently got my hands on. on Nov 28.

International Humanitarian Law.HRC. a restaurant. 2009).24. http://www2. Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law (Nils Melzer ed.pdf I have copied this 2010 May UN report to my Drone Info collections on Google Docs Drive and Linked In Box Net.191 Articles of State Responsibility. In 188 189 Only a small portion of this has found its way into my other citations so far.192 They are basically saying that certain geography of Pakistan is part of the war. who is one of the Oxford Research Group authors. articulated so well by Kenneth Anderson. developing a comprehensive database of relevant conventions and treaties. accessed 2 May 2010 at: http://www. But if we accept the Anderson theory. The International Committee of the Red Cross Interpretive Guidance on Direct Participation in Hostilities. Then the areas which they say are part of the war are governed by the laws of armed conflict. But while they do not recognize that the location of the war is defined by the location of the people. funeral. think there are enemies of the state.com. a school yard. They include:      The Law of Armed Conflict. edited by Peter Berkowitz. and the Law of State Responsibility.. I did not upload to Scribd. or whatever. a car on a highway. regardless of whether the rules of war apply or not. and their actions. be it a city block. a wedding. International Human Rights Law. and part is not.org/eng/resources/documents/publication/p0990. due to uncertainty about copy where permission.ohchr. The International Committee of the Red Cross Customary Humanitarian Law Study of legal obligation for recording casualties. 2005) 192 Kenneth Anderson.” Future Challenges in National Security and Law.icrc. and other nations fighting the War on Terror. as perceived by the other side.14. which I cited earlier. 190 ICRC. “Targeted Killing and Drone Warfare: How We came to Debate Whether there Is a ‘Legal Geography of War’ (April 2011). Customary International Humanitarian Law. the concept of Legal Geography of War. and the other areas are governed by domestic law enforcement law and international Human Rights Law. 46 Located in my personal PC / Studies / Drones . they have found legal rules for the military and intelligence services (CIA operations for example) which apply to civilian casualties.46 Drone Scribd 3/17/2013 1:24:30 PM The first Oxford Research Group report mapped existing legal frameworks. then anywhere the US.Add6. Doswald-Beck. (Cambridge University Press. providing an analysis of the law and the practical problems arising in the application of these legal instruments. This research effort does not appear recognize as valid.org/english/bodies/hrcouncil/docs/14session/A.190.htm after ICRC Guidance 191 J-M Henckaerts and L. and commentary to those articles by Professor James Crawford.188 Data found in the UN report189 on legality of targeted killing. http://www. then that area is part of the war.futurechallengesessays. of the drone usage. irrespective of the people involved.

applying their proposed international legal obligation to record civilian casualties of drone attacks conducted by the United States Central Intelligence Agency in Pakistan and Yemen.  c.  g. there is no such thing as an area of drone attacks. of those killed. which is part and parcel of the Non-International Armed Conflict in Afghanistan.  i. any property. 3. Yemen. Those drone attacks which occur in the Northwest Frontier Province (officially Khyber Pakhtunkhwa Province). The Intended targets of drone attacks are by and large classified as civilians save and except for those who are at the time of attack directly participating in a Non-International Armed Conflict. 8. which come under domestic or international Human Rights laws. found with the bodies of the dead. the remains of the dead are not to be despoiled. 7. the dead are to be buried with dignity and in accordance with their religious or cultural beliefs. the graves are to be maintained and protected. and organized non-state actors all fall within the international legal obligation associated with civilian casualties. and Federally Administered Tribal Areas are governed by the law applicable to Non-International Armed Conflict. 4. to search for all missing civilians as a result of hostilities. Pakistan.  e. exhumation of dead bodies is only to be permitted in circumstances of public necessity which will include identifying cause of death. The United States. to collect all casualties of armed conflict from the area of hostilities as soon as circumstances permit.  f. occupation or detention. A Non-International Armed Conflict exists in Pakistan. This second effort conducted research. There is an evolving armed conflict in Yemen. Drone attacks which take place in Yemen and in the areas of Pakistan not part of the Non-International Armed Conflict in Afghanistan are governed generally by domestic law enforcement law and international Human Rights Law. 47 Located in my personal PC / Studies / Drones .  b. if at all possible the remains. I quote the Oxford Research Group conclusions: 1. 2. The legal obligations binding all of the participants in the drone attacks relevant to areas of armed conflict are:  a. though it is not part of the CIA drone campaign. to be returned to their relatives. the dead are to be buried individually and not in mass graves. is to be returned to the relatives of the deceased. in the War on Terror.  d.47 Drone Scribd 3/17/2013 1:24:30 PM my understanding of the Anderson theory.  h.

195 It had been written Dec 2010 by Ryan J. we must become a Scribd Premium Reader (pay $). End of my quoting.scribd.com/collections/3807680/Drone-Info at http://www. which some drone usage appears to be in violation of. although I believe those same laws have been violated many times in the historical past.com/nrdewinurmayani 195 http://www. common to many other authors. if I ever get caught up skimming many other Drone documents.com/AlMac99 http://www. 193 194 http://www. N. with the same title. I have recently got my hands on.com/doc/98749658/Drone-Warfare-and-the-Law-of-Armed-Conflict 196 http://www.193 If I start any sub-collections. 8.scribd.  k. long before drones in the picture. Dewi Nurmayani194 uploaded June 2012 to Scribd a 38 page document she called Drone Warfare and the Law of Armed Conflict. 7. there should be established in the case of civilian casualties an official graves registration service. and raises key legal questions which apply to drone warfare overall.com/archive/plans?doc=98749658 48 Located in my personal PC / Studies / Drones . it might also belong in Drones Legal and Drones Military. and US Supreme Court rulings.scribd.  It clearly lays out good examples of drone strikes. This Civilian Casualties of Drone Attacks is in my Drone Info collection on Scribd. as collectively approving the current state of affaires. Administration.  It does not make the mistake. Vogel.scribd. R. with a huge volume of citations and links.scribd. Those authorities responsible for the territory in which these extra judicial killing occur are responsible to investigate every incident of casualty and fulfill the same obligations as set out above in armed conflict.48  Drone Scribd 3/17/2013 1:24:30 PM j. It clearly identifies the roles of Democratic and Republican controlled Congress. There are many things I like in this document. the location of the place of burial is to be recorded by the party to the conflict in control of that territory.  It cites specific international laws. of blaming everything on the current President. Those attacks that take place outside of the geographical area of armed conflict are extra-judicial killings contrary to international Human Rights Law and domestic criminal law unless the persons involved were killed while trying to evade lawful capture. It is obvious to me that none of the stuff listed in # six is even on the radar screen of the drone commanders. Laws of Drone Warfare (2 Sep 9) Dr. I plan to read it again.196 This is another massive piece of research. To download this document.

in neutral territory such as the high seas? 6. located in Afghanistan. Does it make a legal difference if the nation. The history of warfare is replete with examples of new technologies and strategies which were a surprise to prior drafters of laws of war legal regulations. and international human rights law. including the laws of war. the two areas cited by UN legal authorities.  US legal authorities claim the drone strikes comply with all applicable laws. What I am not so pleased with here:  Many professional fields have a depth of education and training needed to fully appreciate details and applicability. villages. or inside USA. then raises some legal questions: 1. I do not have a law degree. unexpected by the drone operators or commanders? 4. The article lists several quite plausible hypothetical examples of drone attack scenarios. where the drone strike occurs. As we have seen from the Kenneth Anderson Legal Geography of War. as opposed to assassinating them? 5. may not be applicable to situations which fall under the laws of war. it is only in the last decade. Does it make any difference in the legality of the drone strike? 49 Located in my personal PC / Studies / Drones . after 9/11. train. knows about the strike in advance. agrees to such attacks. Does the location of the target impact the legality of the strike? Suppose the target is on a commercial airliner. Does it matter if there are excess deaths of innocent bystanders. where not all historical laws and treaties cover some contemporary technologies. or bus. Also many authorities have cited a legal black hole exists. that their use has exploded. Does legality of strike vary if it is inside an area of defined armed conflict. does not agree to them? 2. like Afghanistan. in fact much of WW II violated this.49 Drone Scribd 3/17/2013 1:24:30 PM o Article 25 of the 1907 Hague IV Convention prohibits aerial bombardment “by whatever means” of undefended towns. Does the USA have a humanitarian obligation to try to capture enemies. This author explores this territory. The article addresses this history perspective. The document starts out by contrasting a couple quotes.  UN legal authorities claim the drone strikes are in violation of international humanitarian law. We may need to have a law degree to understand much of what is here. in an area not yet at war like Iran. so we may need to re-read the UN report from that perspective. and private property? 3. that it does not matter how much collateral damage occurs with innocent bystanders. o So Pearl Harbor in WW II might have been a violation of this. to see whether the UN report addresses it. Are some targets so critical. and whether or not it agrees with my interpretations. While drones have existed in military arsenals for ½ a century. or dwellings.

Does it matter if the drone operator is a member of the armed forces.e. Commanders and operators must not authorize a drone strike when they know or reasonably should know that the strike will cause excessive collateral effects to civilians or civilian property. combatants. Does it matter if the Drone strikes are by a nation against its own people. Enemy soldiers may raise hands and white flag of surrender. 4. 5. 50 Located in my personal PC / Studies / Drones . 1. Commanders and operators must not conduct drone strikes where there is a high likelihood that the strike will cause unnecessary suffering or superfluous injury. Their human chain of command. has what accountability? At the conclusion of the author’s analysis. They may not get this protection once the bombs are falling or the bullets flying. 4. works for the CIA. or a civilian contractor? How about legalities for people who hack drones and take them over? This research document attempts to answer all these questions. but who have not yet launched said attacks. and military objectives. civilians who have forfeited their protections by directly participating in hostilities. A drone strike must be directed only at lawful targets—i. and more which come up in the context of explaining various laws. When do they get it in drone warfare? See Latency in the Terminology. and our evolving realities. Does it make a difference if the Drone strikes are part of a war sanctioned by the UN.50 Drone Scribd 3/17/2013 1:24:30 PM 7. such as in Syria and Turkey (lethal weapons) or in USA (proposed non-lethal. 6. Punishing them in any court system seems ludicrous. he offers ten guiding principles for conducting drone strikes within the letter and spirit of the law of war: 1. which can kill and maim)? 3. as opposed to a war not sanctioned by the UN such as Palestine and Syria? 2. Commanders and operators must strike a proportional balance between the risk to civilians or civilian objects and the military advantage expected when using drones to conduct attacks. 7.197 3.. Commanders and operators must exercise constant care and reasonable precaution to spare the civilian population from death and destruction. such as in Iraq and Afghanistan. 2. within the context of both current laws of war.198 197 This seems to exclude people who are suspected of plotting terrorist attacks. where it becomes illegal to kill them. I might add to the list of questions worthy of consideration. Any drone strike must be necessary for the accomplishment of an actual military objective. A drone strike must be conducted within the framework of an actual armed conflict. Where do autonomous robot drones fit into this legal framework? They are probably not lawful combatants. if it can be located.

A feeling of terror. but there’s maybe only a dozen nations so far. Perhaps my International Law studies from Drone Notes and Drone Scribd could be combined in a new doc? 51 Located in my personal PC / Studies / Drones . whether the author of this essay recognizes it or not. This has had no effect on the US activity.201 because I try to rename downloads to better reflect: Source. I think logically.stanford. because you don’t know 198 199 The Legal Geography of War is relevant here. like NYC on 9/11 or London under the Blitz.org/ and http://www. Vintage. Read some of the interviews. It has gone all the way up to the Pakistan Supreme Court. or civilian contractors qualify. which logically belongs in my Drone: Issues. this document is apparently not yet on Scribd. Pakistan Targeted by Drones (2 Sep 8) There is a lot of literature on this topic. I have a large chapter on this topic in my Drone Notes. within reason and subject to force protection concerns.com/AlMac99 201 2012 Sep 26 downloaded from http://livingunderdrones. because the legal system of Pakistan has had an enormous volume of activity protesting the use of US drones in attacks on Pakistan civilians. A drone strike should be conducted only by lawful combatants. unless that state is unwilling or unable to control the threatening activities within its own territory.edu/sites/default/files/organization/149662/doc/slspublic/Stanford_NYU_LIVING _UNDER_DRONES. every day.scribd. I found info in this report. as of 2012 Oct 02. Terms documents. Although not required by law. 200 http://www. where they are being used to attack the local people. some of which was already there. and Trauma from US Drone Practices in Pakistan. it might also belong in Drones Legal and Drones Military.pdf The report was jointly produced by Stanford Law School’s International Human Rights and Conflict Resolution Clinic.law. before I started studying this. however. The drones make everyone in the area feel. Injury. My Drone Nations document is now up to almost 100 nations where drones are active.200 If I start any sub-collections. which ruled that what the USA is doing constitutes War Crimes. Pakistan Living Under Drones (2 Oct 27) I call the 182 page report: Law School Living Under Drones 2012 Sept.51 Drone Scribd 3/17/2013 1:24:30 PM 8. commanders and operators may benefit in certain circumstances from pursuing a non-lethal course of action if a target might just as easily be captured and detained. Subject. This Laws of Drone Warfare document is in my Drone Info collection on Scribd.199 9. 10. and NYU School of Law’s Global Justice Clinic. See definition of lawful combatants. It is not clear whether CIA. my review of this should be included with my International Law section in Drone Scribd.scribd. Notes. Commanders and operators should receive prior consent (even if blanket approval) from the state in whose territory the strike will occur.com/collections/3807680/Drone-Info at http://www. Full name = Living Under Drones: Death.

doctors. Perhaps Foust did not read the part on how difficult it is to do interviews in that territory.com/2012/10/empirical-analyses-of-drones-in-pakistan/ 204 http://www.52 Drone Scribd 3/17/2013 1:24:30 PM which building is going to come crashing down next. which of your friends and neighbors will be next to be killed. I recommend this piece by Joshua Foust of the American Security Project (ASP).pdf 206 http://livingunderdrones.org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW). small children. judges. lawyers. respectively). QUOTE203 As a counterpoint to the much-noted critical study of drones in Pakistan from the clinics at NYU and Stanford. 2012. where it is incredulous that the US has labeled as militants: officials of Pakistan government. which argues very tentatively that drone strikes in northwestern Pakistan reduce militant violence there. small business owners. The US does a drone strike and declares that exact person dead. Oct 9. This Pakistan Living Under Drones206 (182 pages) report includes:  Drone Warfare History  International Law Considerations207  Massive Links to Additional Citations  Military Drone Impact  Numbers Methodology and Reliability  Quality of US drone targeting intelligence208  Pakistan Tribal Areas Background and Recent History  Pakistan Tribal Areas Legal System 202 http://www. and does it matter? 208 The report uses many different means to show that there are serious problems with US drone targeting.theatlantic.theatlantic.com/international/archive/2012/09/targeted-killing-pro-and-con-what-to-makeof-us-drone-strikes-in-pakistan/262862/ 205 http://patrickjohnston.lawfareblog. but this is one of the best I have seen so far.” I also recommend this (seven-month old) article by Patrick B. Johnston and Anoop Sarbahi (of RAND and Stanford. Many talk about UN treaties applying to all nations. 52 Located in my personal PC / Studies / Drones . firemen. There are numerous investigations of who got killed in a drone strike. For example. students. it cites particular people on kill lists. 2012) 207 No document appears to give a complete story.204 which is sympathetic to the NYU-Stanford study but maintains that it “has some serious bias issues.com/international/archive/2012/09/every-person-is-afraid-of-the-drones-thestrikes-effect-on-life-in-pakistan/262814/ 203 http://www. AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September. candidates running for political office. but there 193 nations in the UN. and 7 nations not in the UN (listed in my Drone Nations). LIVING UNDER DRONES: DEATH. then a year later again does a drone strike declaring that exact same person killed. there are others who criticize some aspects of the content. According to Lawfare. is too small of a sample size. INJURY.000 in FATA. then a year later that person gives an interview.202 After the report came out. 205 UNQUOTE The ASP piece argues that interviewing 130 people out of 800. police officers. Do UN treaties apply to those nations.info/materials/drones.

LIVING UNDER DRONES: DEATH. representatives from five major Pakistani political parties. 209 http://livingunderdrones. or  Are family members of victims of strikes. subject matter experts.” There I expand my above remarks to spell out how I know that the US Congress is in fact doing oversight of drones. academics. The report reiterates common demands that CIA and military drone use be shared with Congress. detailed in my Drone Terms. development and humanitarian workers.  Are surviving victims of strikes. translated into English. lawyers. 53 Located in my personal PC / Studies / Drones . and journalists. or our allies.210 Thus. that there is no correlation between many sources of data on how many innocent civilians attacked. and many are provided in the report. this investigation also conducted considerable independent research.org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW).209 69 of the interviews were with individuals who:  Witnessed drone strikes or surveillance. members of civil society. or managing what was being done by US police agencies which were supposedly under their supervision. See section of Drone Scribd on Factual Corrections. but I have seen from other sources that this info is in fact being shared with US Congress. including over 130 detailed interviews with victims and witnesses of drone activity. Pakistan Numbers Attacked by Drones (2 Oct 3) It is obvious to everyone who has studied recent military drone history. medical professionals. INJURY. 2012) 210 Citations in US Legislative section of my Drone Notes.53  Drone Scribd US Drone Legal and Accountability Issues 3/17/2013 1:24:30 PM Although it heavily quotes other organizations which have investigated the situation. their family members. The interviews were from 30 minutes to 2 hours each. children. specifically “Congress knows all about Drones. are stating a party line which is clearly contradictory to what independent investigations are finding on the ground in Pakistan. whose spokespersons re-iterate the party line that this is an effective tool against our enemies. current and former Pakistani government officials. show clearly that Congress was lied to by US leaders. without proper questioning. and which could conceivably have an agenda other that the truth. either Congress is being lied to.211 or for reasons of security. 211 IG investigations of ATF Scandals. AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September. The President and Attorney General told Congress what they were told. and deny claims that it hurts innocent civilians. who in turn were lied to by ATF local offices. and how it is self-evident to me that this oversight is seriously lacking in good quality. passing the lies up the ladder.

such as al Qaeda. Even when journalists communicate with people near the scene. This is normal in most any armed conflict. there’s no guarantee that those individuals have a good picture of what happened. and a “trust us” without any proof. and frequently end up publishing conflicting accounts of each strike. 212 54 Located in my personal PC / Studies / Drones .org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW).54 Drone Scribd 3/17/2013 1:24:30 PM Thus the Pakistan Living Under Drones212 (182 pages) report does a great public service by analyzing major sources of numbers. 2012) 213 I have seen in other reports. This is normal in most any armed conflict. one Pakistan grievance is that there are good Taliban and bad Taliban. for independent researchers to do a thorough job of investigation. who have an interest in supplying info which is politically expedient to their survival. the Pakistani government was actively covering up the fact that they were occurring. This contributes to under-reporting drone fatalities. where their data appears to be deliberately undercounting “accidental” killing of innocent bystanders. The military situation on the ground of Pakistan tribal areas makes it very difficult. most families have no idea how many women and children may have been in a household before it was destroyed in a drone strike. or people inside the territory. which can be contaminated by a party line. who have an interest in controlling what information gets out. or propaganda. Thus most journalists must rely upon either official sources. friends of Taliban. US government sources are mired in secrecy. but the USA is attacking all Taliban. evaluating the veracity of their methodology and bias. The Taliban and other armed groups. AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September. since they too must often rely on what other people have told them. and others. and explaining why it is so challenging to nail down the truth. INJURY. When outside observers do get into the FATA. different journalists with different contacts get different versions of reality. they are often escorted by Pakistani military. and a cultural bar about men asking families about their women. but perhaps not hostile to Pakistan. hostile to Pakistan and/or the USA. LIVING UNDER DRONES: DEATH. 213 have an interest in inflating reports of damage done by drones to innocent civilians. make different decisions about who to trust. who rule by intimidation. given the behavior of friends of CIA. In the early days of US drone strikes. Thus. attitude. The Living Under Drones report clearly explains that military situation. if not impossible. the good Taliban being allies of Pakistan. Official US government reports http://livingunderdrones. There are groups based in the area which are hostile to the USA. Because of how male and female family members live separately in Pakistan Tribal area households.

org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW).” NAF concludes that somewhere between 1. anyone killed by a US drone is a justifiable kill.  Think Tanks  US anonymous government sources  US claims that. official and unofficial. the US actively attacks and tries to undermine groups which try to determine the truth. AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September. 214 55 Located in my personal PC / Studies / Drones . are aggregated to use as statistics claiming that the drone strikes are doing a good job. the computed results are quite different. who are leaders of groups we are at war with. LIVING UNDER DRONES: DEATH.716 “militants” have been killed in Pakistan since 2004. Thus. than all other sources. http://livingunderdrones. NAF labels drone victims as “militant. 2012) Then I rearrange the data in my synopsis of what they are telling us.  International Law justification for killing alleged militants. or suspected militants. then news media stories based on that. between the widely quoted sources of drone strike data. and low level personnel who pose no imminent threat to the USA whatsoever. QUOTING and me SYNOPISIZING:214 The three most well-known and widely quoted sources of aggregated drone strike data are Each aggregator places different weight on different types of primary sources. is problematic from many perspectives:  Anonymous Pakistani and US government sources are used to claim what happened in any given drone strike.584 and 2.55 Drone Scribd 3/17/2013 1:24:30 PM are consistently claiming far fewer innocent civilians harmed by drone strikes.  No distinction between legitimate high value targets. unless proven otherwise. including:  Independent investigators on the ground. to emphasize the differences. and between 152 and 191 civilians (and 130-268 “unknowns”).  News Media  NGOs  Pakistan government sources.  Journalist failure to evaluate community impact on lives of innocent survivors. The Year of the Drone project by the New America Foundation (NAF) think tank. INJURY. so as to prevent anyone from proving any of the kills are not justified. Pakistan Best Estimated Numbers (2 Oct 14) According to The Living Under Drones report.  Government claims of drone effectiveness in killing correct targets. so their assassination is unjustified. Living Under Drones tries to reconcile how come the results are so different. and at the same time. The Living Under Drones report says that the civilian/militant method of counting drone kills.” “unknown” or “civilians.

makes it impossible to see how much of their data is contaminated by official US government bias.325 total deaths. a Londonbased journalism non-profit.562 to 3. The Long War Journal (LWJ). and maintains a series of regularly updated statistical graphs. and failure to show strike-by-strike details.” with no express category for non-civilians. My math = average 3-4 articles about each strike. NAF’s strike data do not appear to be “updated regularly” to include the most up-date Information about the number and identities of victims killed in drone strikes. Al Qaeda.56 Drone Scribd 3/17/2013 1:24:30 PM My math. and 138 civilians. LWJ labels drone victims as “civilians” or “Taliban/Al Qaeda. compared to the competition.” or “leaders and operatives from Taliban. NAF linked to 107 articles. and allied extremist groups” (which Living Under Drones refers to as “Taliban/Al Qaeda”) in Pakistan since 2006. LWJ does not make its data available in a strike-by-strike format. and allied extremist groups. LWJ heavy reliance on unofficial US sources. And The Bureau of Investigative Journalism (TBIJ). Living Under Drones also analyzed NAF citations and found that they did not support NAF conclusions. Its investigations appear to consist primarily of conversations with unnamed “US intelligence officials. Al Qaeda. a blog and project of the Foundation for Defense of Democracies. My math from this data. TBIJ reports that drones have killed between 474 and 881 Pakistani civilians since 2004.396 “leaders and operatives from Taliban. TBIJ maintains a much more dynamic database than the other two sources. This is proven by Living Under Drones citing particular strikes. TBIJ’s use of corroborating sources to supplement data drawn from press accounts sets TBIJ apart from both LWJ and NAF 56 Located in my personal PC / Studies / Drones . where initial official stories have long since been proven incorrect. says 15-35% civilian deaths. says this is approx 6-8% civilians and 6-9% unknowns Which could be 12 to 17% other than militants Contrary to claims made on its website and in its publications. Living Under Drones also thinks NAF citations are weak. LWJ (which does not keep data for 2004 and 2005) reports that drones have killed 2. TBIJ uses total killed or injured and “civilians. updated frequently to reflect new info as it comes to light. In support of its data on the first 27 strikes of 2012. Instead. out of 2. it publishes blog posts about new strikes soon after they are initially reported. of which 11 are duplicates. from this data. and aggregating news media reports. but NAF still has the bogus info on their site.

because the drones often return to attack the police fire ambulance and other humanitarian rescue workers. and provides information on a handful of additional possible strikes that have not yet been verified. the locals know not to rescue anyone who is lying there injured. just in case that is going to happen. its aggregation of information from news articles faces the same problems as described above. and indeed cannot be. The US DoJ has grants to help local police depts take over the operation of drones. wholly accurate (nor does TBIJ purport that it is). UNQUOTE Some people are in denial that this kind of analysis can in fact work.57 Drone Scribd 3/17/2013 1:24:30 PM While TBIJ’s data are also highly transparent and its investigations more thorough than others. to show challenges at getting at the truth. thousands of drones are coming home.  Access in or out of the territory is controlled by the Pakistani military. Many people are worried about the apparent 215 https://www. It quotes heavily from conflicting reports. My math = average of 12-13 articles per strike.com/2012/10/14/public-editor/questions-on-drones-unanswered-still.  After a drone strike. 215 Military Drone Impact (2 Oct 4) The Pakistan Tribal Areas are no longer peaceful civilian life. in which it is like US McCarthyism … accuse someone. Police Drone Usage (2 Sep 7) With the end of US involvement in the wars in Iraq.nytimes.  There are allegedly locals rewarded by the Taliban for identifying enemies of the Taliban.html?_r=0 http://americansecurityproject.org/blog/2012/the-us-and-its-uavs-on-data-and-drone-studies/ 57 Located in my personal PC / Studies / Drones . in much the same way that movement around Palestine is controlled by the Israeli military. with no accountability for false accusations. before helping any survivors. and looking for new jobs. because their school may be the next one to be destroyed by a drone. in which accountability for false accusations is as lacking as with CIA informants.  Children no longer go to school. They wait half an hour or more.  The people are being terrorized by the Taliban. and the draw down of forces in Afghanistan.  They do massive property damage. and get paid for doing so. In support of its data on the first 27 strikes of 2012. all sorts of community events. because there have been drone strikes against bus stations. for what purposes? That’s the question. killing and maiming many people.  Many community events no longer have attendees. funerals. and its full body of strike data is not. TBIJ linked to 344 articles.  There are allegedly locals paid by the CIA to identify homes of militants. court hearings. for multiple reasons:  The people are being terrorized by US drones.

which links to many educational.com/doc/83577189/Letter-Sent-To-Palo-Alto-City-Council-About-Use-of-DronesAnd-Police-Function-Regionalization 217 http://www. then we might be able to place some of the errors of fact in context. Some relevant documents have made their way onto Scribd. 218 If I start any sub216 http://www. Police. Political. of Palo Alto CA. There is no obvious date on this letter.scribd. clarifying this very point. March 2012 by W Martin 46. It was uploaded to Scribd. and stimulating articles on Drones there. and not been well communicated to the people.scribd. (2 Sep 7) Letter to city council.58 Drone Scribd 3/17/2013 1:24:30 PM militarization of the police. If we knew it. Since I have seen similar speculations in multiple documents. Since I have frequently seen similar mis-statements.216 8 pages written by Wayne Martin.stanford. I created a chapter in this document. I created a chapter in this document.org/online/drone-privacy-catalyst This Palo Alto document is in my Drone Info collection on Scribd.stanfordlawreview. leading to efforts to get at the facts. As of when I encountered him.com/collections/3807680/Drone-Info at http://www. and shares a wide range of potential uses for this growing industry. CA. Concerns. have recently evolved significantly. in very general terms. with relevant links.” I think there is need for more specificity on privacy concerns. and their regulations. See “Who may fly UA over USA.scribd.” However. than those cited in this letter.edu/multimedia/drones-privacyparadox-privacyand-its-conflicting-values-video Drones—Privacy Catalyst: http://www. or their info not up-to-date. Police Drone Concerns in Palo Alto.PRIVACY PARADOX: PRIVACY AND ITS CONFLICTING VALUES (120 Minute Video): http://cyberlaw. and citing official sources of my corrections. and federal government operations. he had uploaded approx 18 documents about his local. I believe this statement is factually incorrect and misleading. and issues. This package describes.scribd. Military. See “Safety Concerns.com/wmartin46 218 http://www. with what has so far been made public about safety. some concerns that people have about how police might use drones in the future. since use of drones over USA. See “Privacy. The cited AP article claims that the FAA only allows drones over USA by government agencies.217 who is probably the same person. It includes see some quotations from people who may be somewhat misinformed. loss of privacy.com/AlMac99 58 Located in my personal PC / Studies / Drones . we also need to review the links given: DRONES . interesting.” The cited AP article quotes some people expressing safety concerns. state. and related topics.

House Committee on Government Reform. on EFF web site: https://www.eff.org/node/70422 It is 1 page. At the time of this e-mail. September 20. People are reposting the e-mail all over creation on the Internet.  One was purchased for approx $100k thru the US DOJ (Dept of Justice). it might also belong in Drones USA.com/brian_charles_6 221 Here is info. we should redact the e-mail addresses involved. 220 http://www. which I was unable to access.  When we copy an e-mail. in response to an FOIA.eff. including more on Drones. which are perhaps best answered by asking the manufacturer. House Report 109-226 (PDF) and also I have more in my Drone Notes document. 219 http://www. 227 Here is COA issued to MDPD by FAA on EFF web site: https://www. and linked to them in context in footnotes of my review. although the drones have capabilities. via EFF. to operate these drones.  The e-mail includes 3 attachments. Police Drone Miami-Dade FL info (2 Sep 7) This is an e-mail sent March 2012 by Miami-Dade to EFF.219 It was uploaded to Scribd July 2012 by Brian Charles 6. 225  MDPD also has an FAA COA.226 It is one of the 3 documents attached to the letter.eff.224 This is one of the 3 documents attached to the letter.org/node/71594 222 MDPD = Miami Dade Police Dept 223 AU = Aviation Unit 224 SOP = Standard Operating Procedures 225 Here is MDPD AU SOP for drones.com/doc/101485474/Miami-Dade-PD-Email-Regarding-Drone-Program https://www. about one of MDPD’s drones: https://www. in the operation of these drones.org/ FOIA = Freedom of Information Act … for more info on FOIA see A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records. 2005.scribd.  No warrant nor court order is needed. as opposed to Drone Military operations in other nations. as shared by EFF and on Scribd. but I was able to find them on EFF web site. Use Acronym Clarification chapter as an aid to studying this document. 226 An FAA COA is Certificate of Authorization spelling out approval and regulations for a particular organization’s use of drones.org/node/70423 It is 12 pages. to protect their privacy from spam. This has not been done here. 59 Located in my personal PC / Studies / Drones .59 Drone Scribd 3/17/2013 1:24:30 PM collections. using the document uploaded to Scribd.  The intended use for the drones are as are laid out in the above two documents.eff. are contained in a document still in draft form: MDPD222 Special Patrol Bureau AU223 SOP.eff. I have some problems with this document.  The other is leased for one dollar from Honeywell Corporation.org/node/70421 EFF = Electronic Freedom Foundation https://www.221 This 3 page e-mail from Miami-Dade answers many specific EFF questions.scribd.220 who has uploaded multiple documents.227 MDPD says it limits their drones to fly at 300 feet.  Miami Dade Police Dept has two drones.  Policies and procedures used.

S.scribd. so perhaps EFF can go ask them about that possibility. The title description claims 2009 vintage.eff.html http://www. Miami-Dade.com/collections/3807680/Drone-Info at http://www.233 If I start any sub-collections. which I will address in a section titled “Freedom of Speech in War Time” since I anticipate finding similar problems in other documents I review. many manufacturers. MDPD thinks their drones are incapable of carrying weapons.wsj. Wall Street Journal. so no plans are needed yet.org/foia/faa-drone-authorizations 230 http://www. and other entities via drone FOIA.228 EFF also has a collection of some of the documents involved. as opposed to Drones used for Police or peaceful civilian applications.com/doc/93422788/Predator-Drone-Readout-2009 Predator Drone is a type of drone used by the US military.com/AlMac99 60 Located in my personal PC / Studies / Drones . which links to many educational.scribd. but directs EFF to the manufacturer to be sure.com/collections/3807680/Drone-Info at http://www. interesting. which links to many educational. This Predator Hacking document is in my Drone Info collection on Scribd. of which the end user is unaware. The author(s) follow this trail to figure out what can be seen. EFF has studied material they got from FAA.eff. and stimulating sources of info on Scriibd about Drones. to manage such recordings. The document cites Insurgents Hack U.232 identifying some of the stepping stones to the needed data.scribd.scribd. but currently AU clears this info between one usage and the next. The drone can capture pictures of what it sees. it might also belong in Drones Military. This Miami Dade document is in my Drone Info collection on Scribd. decipher it to help other hackers.scribd. it might also belong in Drones Police USA. as opposed to Drone Military operations in other nations. It is possible that the manufacturer has got drones doing recordings. 231 It was uploaded May 2012 to Scribd by a “person” who is no longer a member there. and shared what they figured out in articles on their web-site.com/article/SB126102247889095011. and stimulating sources of info on Scriibd about Drones. Drones. I have some problems with this type of info being available to the general public. 230 If I start any sub-collections.229 The documents include info from other police departments. the FAA. 228 229 https://www. 232 233 http://online.com/AlMac99 231 http://www. Predator Drone Hacking How To (2 Sep 6) This is a 3 page instruction sheet on how to hack Predator Drones.60    Drone Scribd 3/17/2013 1:24:30 PM At present the drones are not being used to record pictures of incidents. interesting.org/deeplinks/2012/08/these-drones-are-made-watchin https://www.

com/doc/100685247/Drone-Spying-Doc http://www.fas. starting on page 21 of the document’s Appendix. thanks to him being a subject of CIA experimentation in psychological warfare.com/AlMac99 236 They are deciphered.scribd. Collection Categories (2 Oct 11) The initial main collection has everything I have found on Scribd about drones. 239 https://www.pdf 61 Located in my personal PC / Studies / Drones . Here are specialized collections.  According to a TV program about the Unibomber.  CRS238 Kill US Citizen Legalities. how our armed forces and intelligence community is to conduct its business. 236 I have several problems with this document.org/sgp/crs/natsec/target. under chapter headings collection on International Law. or details about any methods of spying. without infringing on the rights of the citizenry. it not about the act of drone spying. that kind of behavior is no longer tolerated. Several different people have apparently uploaded duplicates of the same document to Scribd.61 Drone Scribd 3/17/2013 1:24:30 PM USAF Spy Info Oversight (2 Sep 7) This is AFI 14-104 whose April 2012 edition supersedes an earlier one in 2007 April.234 I put at least one of them into my Drone Info collection on Scribd. but rather what is to be done with info derived from all forms of spying. which I have considered adding.  It is not immediately obvious whether it is Ok for the general public to be sharing this document.239 (23 pages)  Legal Geography of War. but soon we find ourselves asking “what was that again?” so as to grok proper context. of the USA. 237 Although at least one duplicate of this on Scribd labels it as a Drone Document.240 (20 pages) 234 http://www.com/collections/3807680/Drone-Info at http://www.13 238 CRS = Congressional Research Service. under a variety of different names.scribd. although there may be too many acronyms here for anyone to do a good job of digesting it. Also:  ACLU FOIA. and which documents would belong there.com/doc/95180834/Afi14-104-Drone-Use-in-Usa 235 http://www. 237 Section 11. There is some information in here which I am glad to see. It includes rules for Intelligence Oversight.scribd. some uploaded by me. According to this document.235 Use Acronym Clarification chapter as an aid to studying this document. he got his start in craziness. defined when first used. (copyright) (sensitivity)  There is a very heavy density of acronyms.scribd. It is 30 pages. if I do form them: Some belong in more than one category. Drones Legal (2 Oct 11) It would include all the docs in this Drones Scribd Synopses and reviews collection.

oxfordresearchgroup.com/doc/98749658/Drone-Warfare-and-the-Law-of-Armed-Conflict 250 I devote a chapter in Drone Scribd to this Briefing.pdf 249 http://www.com 62 Located in my personal PC / Studies / Drones .Add6.net info@dronewars.org/english/bodies/hrcouncil/docs/14session/A.scribd. obsolete. LIVING UNDER DRONES: DEATH.242 Pakistan Living Under Drones243 (182 pages) UN report244 on legality of targeted killing. under chapter headings collection on Police use of drones. (29 pages) Drones Military (2 Oct 11) It would include all the docs in this Drones Scribd Synopses and reviews collection.scribd.com/doc/58749675/Drone-Attacks-and-International-Law 243 243 http://livingunderdrones. 2012) 244 http://www2. edited by Peter Berkowitz. AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September.fas.com 241 242 www. “Targeted Killing and Drone Warfare: How We came to Debate Whether there Is a ‘Legal Geography of War’ (April 2011). and try to cite appropriate corrections. I will identify such cases as I encounter them.” Future Challenges in National Security and Law.net 252 Legal Analysis by Kenneth Anderson.futurechallengesessays.” Future Challenges in National Security and Law.com/doc/36645111/UN-special-rapporteur-Report-on-extrajudicial-Philip-Alston 245 ASP = American Security Project http://americansecurityproject.org/sgp/crs/natsec/target.249  Drone Wars UK Briefing250 from Drone Wars Net.14.com/doc/102744195/The-Strategic-Context-of-LethalDrones?secret_password=2fk4qznpqupr7fraj21g 247 CRS = Congressional Research Service.62    Drone Scribd 3/17/2013 1:24:30 PM Oxford Research Group241 on Drone Attacks and International Law. or misleading.248 (23 pages)  Drone Warfare and the Law of Armed Conflict.24.ohchr.251 (36 pages)  Legal Geography of War. 248 https://www.pdf I have copy of this 2010 May UN report in my Drone Info collections on Google Docs Drive and Linked In Box Net.252 (20 pages)  Predator Hacking Drones USA (2 Oct 11) It would include all the docs in this Drones Scribd Synopses and reviews collection. http://www. 240 Legal Analysis by Kenneth Anderson. Also:  ASP245 77 Strategic Context of Lethal Drones246 (12 pages)  CRS247 Kill US Citizen Legalities.uk http://www.org.scribd. 251 www.futurechallengesessays.dronewars.HRC.org/ 246 http://www. http://www. Someone else uploaded it to Scribd: http://www. edited by Peter Berkowitz. Factual Corrections (2 Sep 5) Some of the links contain information I believe to be incorrect. “Targeted Killing and Drone Warfare: How We came to Debate Whether there Is a ‘Legal Geography of War’ (April 2011).org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW). INJURY.scribd. under chapter headings collection on Pakistan.

there are multiple different POV out there. Basically anything which can fly in our skies. which owns the drone. Apparently many. Here is a summary of the situation as I understand it. unless there is a military exemption. and the drone itself must also have a Manufacturer certificate of airworthiness. such as who may photograph where. and can occasionally get patched. 253 254 Other documents will go into more detail. Both are UA: (Unmanned Aircraft). because as soon as the regulations started being enforced. such as not flying them within a certain distance of an airport. for what purposes. which is not universally accepted. under a mandate from the US Congress. must have a certificate from the FAA (Federal Aviation Administration) approving whatever they are using the drone for. They can operate based on internal programming. like people with personal computers get updates to our anti-virus protection software. but the rules are very different. did not read the legislation which they passed. for many Drone aspects. and identify some sources for alternative POV. Drones flown outdoors require a human operator. You can think of them as similar to NASA Curiosity on Mars. Drones may be flown indoors without any such rules. I believe it is possible to both be factually correct in sharing information. since multiple documents can have variations on the same questionable content. insects. and also reveal what our personal POV is on controversial topics. but occasionally NASA sends an update to Curiosity. and without any certificates.63 Drone Scribd 3/17/2013 1:24:30 PM placing the info in separate chapters by nature of conflicting story. because indoors is not part of US NAS (National Air Space). experimentation.254 The organization. such as against birds. The military has some drones which do not need a pilot. Similarly. Balloons. There are also Kites. many members of Congress bombarded government agencies with demands for clarification of those same regulations. Model Aircraft are very similar to Drones. Who may fly UA over USA (2 Sep 5) Several documents make claims regarding what types of organizations may fly drones over the USA. and for what purposes. I shall attempt to clarify where I see this. Model Aircraft may be flown without an operator. and other stuff which can fly around. but sometimes local and state governments have relevant regulations. 63 Located in my personal PC / Studies / Drones . such as entertainment. and UFOs. who has a pilot’s license. which operates based on internal programming. Many of these claims are outdated. the military has some drones flying around. controlled by programming which has been uploaded to them. or potential bias. The FAA does not regulate indoors. In fact.253 The rules and regulations are evolving rapidly. and using them for purely non-commercial purposes. but not all enforced. and hobby. or incorrect. Some of the links contain a Point of View (POV). elected to Washington DC. there are applicable regulations. provided DOT (Dept of Transportation) rules are followed.

See links to directory of permissions which EFF got from FAA via FOIA. regarding model aircraft hobby.google.  Yellow – Denied.0004bde31d74fe6eb1ece&hl= en&ie=UTF8&t=m&ll=45. It may be that some people have got confused by news reports about something permitted. there are also DOT (Department of Transportation) regulations covering the model aircraft hobby.com/maps/ms?msa=0&msid=214769660919529725423. as we can see many Colleges and Universities included. over USA.255 Here is a US map of locations of the places which asked FAA for permission to fly drones over the USA. Prior to those regulations.64 Drone Scribd 3/17/2013 1:24:30 PM Drones Authorized by FAA to fly over USA (2 Sep 5) Many government agencies have been authorized by the FAA to fly drones over USA cities. and there will be new places which have applied for this status since this info to EFF via FOIA. April 2012 reports were amended with additional info from FAA to EFF in July 2012. uploaded to Scribd.org/document/faa-list-certificates-authorizations-coas 256 https://maps. and Drones.gsnmagazine. and also an enormous volume of colleges and universities have also been granted such permission. 258 July 2012 additional info from FAA to EFF: https://www.eff.5&z=3&source=embed 257 This info is as of April 2012. https://www.com/node/26756?c=federal_agencies_legislative 64 Located in my personal PC / Studies / Drones .258 so we will need to update our notes accordingly Drone Rules Confusion (2 Sep 6) The undated letter to Palo Alto city council says that only government agencies are authorized to fly over the USA.039062&spn=58. many people were using model aircraft with cameras for film making and real estate photography. then more July 2012. at the same time that hobbyists were permitted to continue using model aircraft for non-commercial purposes.987964.-110.  Blue – Expired. Here are public entities which applied to the FAA for drone approvals. which EFF found out about.256  Color Coding:257  Red – Active. Other than Manned Aviation.org/deeplinks/2012/07/faa-releases-thousands-pages-drone-records http://www. They were put out of that business by draconian regulators. something banned. over USA (2 Sep 6) In addition to FAA regulations covering drones. if any of those acronyms are unfamiliar to you. in which there was an April 2012 release of information. I am sure some places status will have since changed with the FAA. thanks to FOIA.112. to derive a misleading big picture conclusion. 255 See my Drone Terms document. Here is partial clarification from DOT (Department of Transportation).eff.336702. That was untrue 2012 forwards in the first regulations rewritten by FAA as per Congress.

for anyone interested in finding out all the details. There are also regulations for flying Kites.A Summary of Unmanned Aircraft Accident/Incident Data: Human Factor Implications (PDF)261 Given the speed of the aircraft.259 Multiple other sources indicate the regulations have evolved since then. except those which are piloted by internal programming. and other aircraft can help avoid trouble. If they are found where Mother Nature dropped them.gov/library/reports/medical/oamtechreports/2000s/media/0424.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular. and radio communications with ground control.faa.rc-cam.pdf 65 Located in my personal PC / Studies / Drones . A related dimension is the FCC (Federal Communications Commission) regulates use of RF (radio frequency) used to control these craft. in cockpits designed to facilitate this. The accident rate of unmanned aircraft is higher than with manned aircraft.php?/topic/1697-new-faa-regulations-for-uavsrc/ 261 http://www. their home base HQ. and the pilots having a panoramic eyeball view of the skies around them. using these two very different systems.faa. 259 http://rgl. the risk of collision seems pretty high.nsf/0/1acfc3f689769a56862569e 70077c9cc/$FILE/ATTBJMAC/ac91-57. then they cut loose and ride the air currents. Drones avoid mutual collision by means of GPS based systems. Genetically Modified Crops are generally licensed to only be planted in one farmer field. the farmer who unknowingly received them. and I am on the look out for the latest story.pdf 260 http://www. like a glider. such as those people who get into a rig towed overhead by a motor boat. and a remote pilot having a very limited view of what could be seen from the drone. Safety Concerns (2 Sep 5) Manned aircraft avoid mutual collision by means of radar systems. For the purposes of these documents kites are classified as aircraft. FAA analyses how come. UNQUOTE The post goes into great detail. then Mother Nature wind picks up the seeds and flies them into neighbor farmer field. According to a post in RC-CAM forum:260 QUOTE Civil Aviation legislation applicable to kite flying is contained in the Air Navigation Order 2000 (Statutory Instrument No 2000/1562) and the Rules of the Air Regulations 1996 (Statutory Instrument No 1996/1393).65 Drone Scribd 3/17/2013 1:24:30 PM dated in 1981. If there is only one agency in one city operating drones. based heavily on military data:. can be sued for stealing. and there are no private manned aircraft there.com/forum/index. then it might be Ok to relax line of sight safety rules.

there were only two autos in all of Ohio. Some conspiracy theorists speculate that these human failings are due to some evil intentions. We were told there was no risk of any enemy taking over the drone. and video was found. told to return to its home base.   There were reports of malware getting into US drone operations. When it cannot be proven conclusively why mistakes and errors occurred. In fact FOIA (Freedom of Information Act) requests are turning up evidence of hundreds of near collisions. because DHS (Dept of Homeland Security). and are manufacturing and deploying their own drones.com/folder/d/0B9euafJH4b-ZLWR0bmZLS3d5OVk/edit 264 You have to be a member of Linked In. and has led to serious disasters in recent memory.000.000 with missing paperwork in 2010 – one-third of the total registered. where obviously the enemy had been watching the feeds of info from drones.264 It cannot happen. reverse engineered it.   Disaster Risks (2 Sep 6) This lack of imagination is typical. based on the US design. So now Iran had that drone. I 262 http://www. and statements by Iran technicians. and after a flurry of US gov denials of what happened. and connected to me there.66 Drone Scribd 3/17/2013 1:24:30 PM In the early days of automobiles. then sent to crash and burn. when some University students demonstrated that drones can be hacked with instrumentation costing less than $1. http://www. Apparently this Iran incident did not filter from US military to US civilian leadership. We were told there was no risk of any enemy taking over the drones.linkedin. but available on Google Drive Docs263 and Linked In Box Net. to access those Box Net Folders. it became evident that a drone had been hacked. Then a drone crashed in Iran. interested in the same stuff. and no line of sight safety requirement. which was actually in Afghanistan.com/in/almacintyre 66 Located in my personal PC / Studies / Drones .com/threatlevel/2012/08/faa-documents-raise-questions-about-safety-of-drones-in-us-airspace/ 263 Google Drive Document Collection = Drone Info: https://docs.00. until it does (2 Sep 5) There seems to be a lack of imagination by some political leaders.262 I have additional relevant citations in my “Drone Notes” research not yet uploaded to Scribd. and seriously messed up government record-keeping. and they had a collision. were shocked and horrified some time later. or accessing their data. its GPS and altitude sensors messed with to make it think that a particular Iran air base was its home base. and other government agencies. Then terrorist training camps were over-run by US military. We can expect this if a city has two or more drones operating. The FAA for years kept such poor records on private and commercial aircraft that the Associated Press discovered 119.google.wired. so they could see all the same info their operators could see.

but the government had assumed that there was infinite time to do so. 265 As a hobby. and immediately asked for the relevant User Guides. to prevent 9/11. which US National Security could have learned from. but they were over-ruled by non-technical managers. Also see in my Drone Notes document. and had access to the Weather Forecasts. and also: Google Drive Doc Disaster Avoidance collection. That was a very costly false assumption. the forecast was bang on accurate regarding time and severity. to evaluate the merits of proposed schemes to mitigate next time that happens. etc. power plant management. scientists. there was a storm at the Indiana Fairgrounds. 265 Remember the Shuttle disasters. Most disasters are a combination of natural phenomena and human failings. What happened was exactly what had been predicted by the Hurricane Pam simulation one year earlier. False. Indiana Fairgrounds? There were technicians. not the fairground officials. But subsequent investigations show they were told exactly what was going to happen. which told authorities what was needed to protect the people. When it came. This was a statement of ignorance. BP Gulf Oil spill. although corporate rules said they should have them. and representatives of the Japanese government. Plans were under way to provide that protection. They arrived. Right after 9/11. engineers. There were personnel at the BP Oil Rig. For hours in advance.67 Drone Scribd 3/17/2013 1:24:30 PM prefer to attribute them to lack of imagination. Right after Fukushima nuclear disaster. not the State Police. who could have prevented the Oil Spill disaster. Fukushima. and flawed management systems. We can expect similar risks with drones. It was a break down in management. They were sent to the Rig without proper training or access to documentation. where many people killed and injured due to poor planning. 67 Located in my personal PC / Studies / Drones . and lack of competent risk management. with the know how to avoid these disasters. and on shared availability of my overall collection of research documents. sections on how to contact the author. and they chose to disregard those warnings. The people in charge did not have a single person there who both understood Weather Forecasts. what went wrong in rescue operations. said this event was beyond their imagination. I have studied what went wrong in many disasters. if they did not make corrections. Late in 2011. Hurricane Katrina did spectacular damage to New Orleans and surrounding areas. The 9/11 commission found over a dozen previous incidents of this happening. including some documents on Scribd. US political leaders said no one could have imagined that hijackers would fly commercial planes into important buildings. I have not found all desired answers. had they been armed with the right information. just some of them. what went wrong other ways. They could not get any. I have uploaded my notes several places. the National Weather Service provided better and better estimates of the coming storm. Afterwards they said this was a freak storm which no one could have predicted. not the people running the Music event.

to protect against circumstances outside the imagination of either their designers. on a regular basis? Why can’t the products be good quality when sold to us? We do not have to get fixes to our automobile hardware. or residences. the US military. the obvious tools available to them. but yet people still manage to generate counterfeits which they are able to pass at various retail shops. browser features. Why do we keep having to get patches to computer security and operating systems. it is also being rapidly improved upon. before the technology was perfected. Congressional Oversight (2 Oct 11) In my opinion. yet national secrets are constantly being breached and leaked. includes:  Inspector General. I believe they need to do a better job of this oversight. for competent oversight. Similarly. whose spokespersons repeat the party line that this is an 68 Located in my personal PC / Studies / Drones . investigations of allegations that what is going on.68 Drone Scribd 3/17/2013 1:24:30 PM Drones are relatively new technology. and the information they gather. So we can anticipate that the world of drones will similarly need to constantly get patches. Thus each new improvement is at risk of crashing. but I have seen from other sources that this info is in fact being shared with US Congress. Drones are managed by computer communications. Any time we have new technology. to improve the quality of the oversight. to bring into same Hearing. reiterate a common refrain demanding that CIA and military drone use be shared with Congress. or work place buildings. in an international arms race. or the managers of the designers. and or GAO. the military. which they use in other forms of oversight. CRS. and the White House. and which I have read elsewhere. diverges from official stories. Not only is this new technology. The US Treasury spends a small fortune to protect our currency.  Group of legislators travel in person to places where drones have struck. reviewed here. Panels of persons who have been expressing the divergent points of view (POV). as if they were not doing it at all. with this kind of frequency. anyone who says that the US Congress needs to do oversight of Drones is ignorant of the fact that the US Congress already does oversight of Drones. have been saying. speak one on one with people in foreign nations who have expressed points of view (POV) about US drone usage.  Subpoena and Invitation. but that is a different point of view (POV) than people who are demanding that they start that oversight. it can take a while until it has a good record of safety. This leads many people to wonder how reliable the security will be for drones operated by local police departments. etc. which diverges from what the CIA. etc. spend an astronomical fortune on computer security. NSA. Many reports. CIA. This leads many people to wonder if identity documents issued by state government can ever be secure. Look at the early days of rockets into space. as part of its constitutional mandate to do oversight of everything done by all departments and agencies of the US government. Most of them blew up. with drones. Within the context of the tools available to Congress.

I have located multiple GAO reports to Congress on Drone usage by the military. or incapable. and apparently unwilling. Congress. In my opinion. for the corrupt and flawed operations done on their watch. IG investigations of ATF Scandals.267 or for reasons of security. In my Drone Terms definitions. 69 Located in my personal PC / Studies / Drones . children. abuse.266 Thus. I have located audits by several IG into Drone usage by various government agencies. share a responsibility with Congress. or managing what was being done by US police agencies which were supposedly under their supervision. of fixing it. where most people in the general public see nothing wrong with blaming politicians for what happens on their watch. of which they may have known nothing. They exist primarily to educate Congress. My Drone Notes have a section on what’s been going on with Congress and Drones. QUOTE: The President and his Cabinet. detailed in my Drone Terms. waste. fraud. or point of view (POV).  Congress Hearings = I found transcripts of several hearings held by Congressional sub-committees. or heads of government departments or agencies. show clearly that Congress was lied to by US leaders. from laws passed by Congress regarding drones. without proper questioning. Congress knows all about Drones (3 Feb 17) See my Drone Reports directory of documents about Drones which I have located so far. either Congress is being lied to. 266 267 Citations in US Legislative section of my Drone Notes. UNQUOTE I recognize that I am in a minority here. to actually get the job done. I am interested in helping figure out how to go beyond empty politician promises to fix these things. US Supreme Court rulings relevant to drone usage. or our allies. and speculation how they may rule in the future. which is clearly contradictory to what independent investigations are finding on the ground in Pakistan. it is improper to blame the President. passing the lies up the ladder. intended or unintended. consequences. I state a personal point of view (POV). The President and Attorney General told Congress what they were told. Congress would have got copies of those reports.69 Drone Scribd 3/17/2013 1:24:30 PM effective tool against our enemies. and heads of other government departments and agencies. into various aspects of Drone usage. and under consideration at the time of the reports. who in turn were lied to by ATF local offices.  GAO = Government Accountability Office. and domestic US applications. but it is proper to blame them for not having management systems which could have nipped these problems in the bud.  Offices of Inspector General are found in many departments of government. and deny claims that it hurts innocent civilians. are stating a party line. and are not at all interested in how come they are oblivious to corruption. to have management systems so people in charge know what is being done by people under their command.  CRS = Congressional Research Service: I have found several reports to Congress about various aspects of Drone usage.

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There I summarize laws passed by Congress on drone usage, and drone laws proposed. Quoting from the LA Times, June 25, 2012:268 QUOTE Once a month, a group of staff members, from the House and Senate intelligence committees, drives across the Potomac River to CIA headquarters in Virginia, assembles in a secure room and begins the grim task of watching videos of the latest drone strikes in Pakistan and Yemen. In addition to watching video, the legislative aides review intelligence that was used to justify each drone strike. The Committee staff holds monthly in-depth oversight meetings to review strike records and question every aspect of the program including legality, effectiveness, precision, foreign policy implications and the care taken to minimize noncombatant casualties. UNQUOTE This means Congress is allegedly fulfilling its oversight role,269 assuming:  the staffers are seeing everything known to CIA, and drone strikes by the military;  CIA and military data is of high quality;  the staffers have relevant competence;  the staffers are reporting honestly to their congressional bosses;  politicians, in Congress, are not those senior citizens whose brains cannot remember critical info needed to do their jobs properly, and who choose to pay attention at the CIA briefings. So how do we reconcile these people saying they have not seen any improper drone strikes, with reports to the UN, regarding thousands of innocents being killed? The most logical explanation is either that:  The CIA and military data is seriously flawed; or that  Reports from investigators on the ground in target areas, are seriously flawed; or  This news story is bogus. Quoting from The Atlantic, July 03, 2012270: QUOTE During an Aspen Ideas Institute panel on the American military's role in the world, Jane Harman, who served in Congress until 2011, asserted that civilian deaths from American drone strikes are "very rare," adding that her characterization was based on her access to classified information. UNQUOTE

268

http://www.latimes.com/news/nationworld/world/middleeast/la-na-drone-oversight20120625,0,6672018.story 269 http://www.lawfareblog.com/2013/02/observations-about-targeting-and-congressional-intelligenceoversight/ http://dyn.politico.com/printstory.cfm?uuid=20308E70-7963-4CA0-9A84-4ABC48E2DC31 270 http://www.theatlantic.com/politics/archive/2012/07/whats-wrong-with-jane-harmans-portrayal-ofamericas-drone-war/259351/

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From my other notes, including those in Drone Dates timeline, Drone Notes details of innocents killed by drones, and also several reports reviewed in Drone Scribd, we can see that Jane Harman was still in Congress in times when hundreds of innocent men women children were allegedly being killed by US drones. How for example, can we reconcile her position with Datta Khel Nomada Bus Station attacked by a US drone March 17, 2011, killing and maiming many government officials, and innocent civilians, attending a Pakistan government approved community meeting.271 Pakistani military says that a government-sanctioned Jirga272 was being held at the bus station, when it was attacked.273 The Jirga had been called to resolve a dispute with a local chromite mine, which is a major regional employer. In attendance were:
4. All relevant stakeholders in the running of the chromite mine, and the persons involved in the dispute; 5. Many members of the local government, including 35 Maliki, 274 other tribal

elders, and Khassadars.275 6. 4 representatives of the Taliban were also attending, since the Taliban had agreed to abide by the community decision on how to resolve the dispute.276 Perhaps they were the reason for the USA to assault this peace talk conference. 7. Other key community leaders were also in attendance. 8. Surviving witnesses estimate that there were over 50 tribal elders there, including the Maliki, killed in this drone strike.
We can see from this that people, elected to Congress, do have access to classified information about US drone use, but there is a disconnect between what people on the ground are witnessing about the drone usage, and the information being communicated up to top management of US government. There are multiple places where there may be a disconnect between reality, and the information communicated.
271 272

More info about this drone strike in Drone Terms. See Jirga in Drone Terms. This is a type of court hearing, ruled over by a panel of village elders, sometimes with local armed police in attendance, to act like bailiffs. 273 http://livingunderdrones.org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW), LIVING UNDER DRONES: DEATH, INJURY, AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September, 2012) See Masood & Shah, (quoting Pakistani military chief, General Ashfaq Parvez Kayani,

as saying immediately after the strike: “It is highly regrettable that a jirga of peaceful citizens, including elders of the area, was carelessly and callously targeted with complete disregard to human life.”). http://www.nytimes.com/2011/03/18/world/asia/18pakistan.html
274

See Malik (plural = Maliki) in Drone Terms. They are like judges or lawyers, appointed by the government to represent the interests of the people in the tribal judicial system. 275 See Khassadar in Drone Terms. They are hired by the government to act as auxiliary police, under the supervision of Maliki. 276 In other places in my research notes, I have found that Pakistan has identified Good Taliban and Bad Taliban, where the Bad Taliban are fighting Pakistan, and the Good Taliban are working in cooperation with the government. One of Pakistan’s grievances with the US military, is that the US does not honor Pakistan distinguishing the Taliban on this basis, attacking both friend and foe, indiscriminately.

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The CIA and US military, allegedly learns who is a potential enemy to target, based on informants who are paid for targeting info, and who care more about being paid, than the truth. So one possible explanation why US drones killed a candidate for Pakistani Parliamentary election, is that US informants were paid by people in political opposition to that candidate, to engineer this drone action. I am referring to Sept 2010, according to Living Under Drones (in Pakistan),277 US

special forces bombed the convoy of Zabet Amanullah, a candidate in parliamentary elections, killing him along with nine fellow election workers; US forces reportedly mistakenly believed Amanullah to be a member of the Taliban.278 This illustrates the quality of US intelligence used to determine who should be attacked. After many such attacks, where other people consider it self-evident that the US screwed up, US spokespersons continue to assert that the drone strike was justified. The US is still claiming that the 40 people killed and many injured in the attack on the jirga at the bus station, was totally justified.
Then there are reports, from US personnel doing their job, to higher ups in government, where the info is not details on what they are doing, but propaganda designed to elicit support and funding. I saw in the Inspector General (IG) investigations of US Bureau of Alcohol Tobacco Firearms and Explosives (ATF) organizing massive movement of weapons illegally to Mexican Cartels, in which Fast & Furious was only the latest in several such projects, that only some personnel in local offices of ATF and US Attorneys, were aware of the details, until the projects ended, and the material went to Dept of Justice (DoJ) attorneys who were to take the cases to indictment and trial. The ATF projects ran for several years, then the DoJ attorneys took several years to decide what to do, and while they were deciding, the criminals continued to deliver the weapons to Mexico. Perhaps local CIA and military drone operations leaders are communicating up their chain of command with misinformation paralleling how ATF miscommunicated, as shown by the IG investigations. If that’s the case, then higher ups in government are being honest when they make statements like Jane Harman’s, which are at odds with what people on the ground know.

277

http://livingunderdrones.org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW), LIVING UNDER DRONES: DEATH, INJURY, AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September, 2012) 278 Kate Clark, AFGHANISTAN ANALYSTS NETWORK, THE TAKHAR ATTACK: TARGETED KILLINGS AND THE PARALLEL WORLDS OF US INTELLIGENCE AND AFGHANISTAN (2011), available at http://aanafghanistan.com/uploads/20110511KClark_Takhar-attack_final.pdf US authorities contended that Muhammad Amin and Zabet Amanullah were the same person. According to Clark, this assertion was demonstrated to be false when Amin was interviewed in Pakistan after the September 2, 2010 strike.

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feinstein.S. “In 2012. verifying the care taken to avoid deaths to noncombatants and understanding the intelligence collection and analysis which underpin these operations. and the committee holds regular briefings and hearings on these operations—reviewing the strikes. the committee staff has held 35 monthly. and to broaden access to the opinions to appropriate members of the committee staff. the committee had been provided access to only two of the nine OLC opinions which we believe to exist on targeted killings.feinstein.gov/public/index. in-depth oversight meetings with government officials to review strike records (including video footage) and question every aspect of the program. the committee included a legislative provision in its annual authorization bill to require the executive branch to provide OLC opinions.gov/public/index. Senator Feinstein issued a statement about Intelligence Committee oversight of counterterrorism targeted killings. http://www. requesting these opinions. Concerns (2 Oct 09) Some of the documents are quite vague on what these concerns might include. “Last week. QUOTE:280 The committee receives notifications with key details of each strike shortly after it occurs.lawfareblog. each joined by Vice Chairman Kit Bond or Vice Chairman Saxby Chambliss. Unfortunately that provision was removed prior to final passage of the bill. Until last week.senate. I have sent three letters.” UNQUOTE Privacy. I have much more in my “ Drone Notes” 279 280 Much more info. Police. “Since 2010 the committee has asked for copies of all the legal opinions written by the Office of Legal Counsel (OLC) at the Department of Justice (DoJ) on targeted killing.cfm/2013/2/feinstein-statement-on-intelligence-committeeoversight-of-targeted-killings http://www. Military.cfm/press-releases?ID=5b8dbe0c-07b6-4714-b663b01c7c9b99b8 73 Located in my personal PC / Studies / Drones .73 Drone Scribd 3/17/2013 1:24:30 PM Senate Intelligence Committee Drone Oversight (3 Feb 14) In the wake of Memo Gate. later in these notes. Political. “In addition. senators on the committee were finally allowed to review two OLC opinions on the legal authority to strike U.senate. examining their effectiveness as a counterterrorism tool. so here I spell out some starting points for discussion.279 Feb 13 2013.com/2013/02/feinstein-statement-on-intelligence-committee-oversight-oftargeted-killings/ http://www. citizens. We have reiterated our request for all nine OLC opinions—and any other relevant documents—in order to fully evaluate the executive branch’s legal reasoning.

This ruling does not seem to have had any effect on US policies.com/folder/d/0B9euafJH4b-ZLWR0bmZLS3d5OVk/edit 282 You have to be a member of Linked In. to what court. to access those Box Net Folders. how do we know what nations are compliant with such regulations? There are claims that some drones. How do we reconcile such events with US leaders saying we try to avoid massive harm to an innocent general public. and places they reference with “see” lists at the end. or whatever nation is using the drones. can their family go to seek redress of grievances?287   281 Google Drive Document Collection = Drone Info: https://docs. Patriot Act. courts of law.286 o In the USA. Does the same kind of thing exist with UN and other international treaties. International Law Courts. I have split off some topics into separate documents. see International Law. exploring this concept. houses of worship. 285 o National Laws in whatever nation.282 Due to my “Drone Notes” getting to excessive size. such that the general public cannot know all which is done in our name. 74 Located in my personal PC / Studies / Drones .com/in/almacintyre 283 In Drone Terms. associated with FISA. My overall collection of issues continues to grow. I have a chapter on Pakistan.linkedin. Human Rights Law. or how they are being used. see Human Rights. to operate transparently and to ensure accountability for alleged rights abuses. transportation nexus. where for this area. which criminalize violations of human rights. and Human Rights treaties. which ruled that what the US is doing with drones. Human Rights Regional. o Human Rights under UN. where grievances have gone all the way up to the Pakistan Supreme Court. 285 In Drone Terms. “ Drone Issues” has relevant details. and the places it references with “see” list at the end. who respond to the victims of a drone strike. and regional organizations284 o Under International Law. see National Laws. or international body. Legal Issues (2 Oct 08)  Does the use of drones. violate any laws? o International Laws. 284 In Drone Terms. targeting small numbers of alleged enemies. and the places they reference with “see” lists at the end. and apparently deliberately targeting first responders such as police. and has the USA in fact done so? o National Laws in USA. and connected to me there. and Classified military and intelligence operations. 286 In Drone Notes.google.283 treaties. where the drones are being used. such as funerals. o National Laws in other nations. but available on Google Drive Docs 281 and Linked In Box Net. where I attempt to inventory where alleged violations of Inter national Law can be resolved. etc. which have more info on institutions responsible for overseeing protections of human rights. lodging with significant extended family. in section on International implications. http://www. ambulance. and if so. how is the US supposed to meet legal obligations.74 Drone Scribd 3/17/2013 1:24:30 PM research not yet uploaded to Scribd. have hit places where large numbers of innocents congregate. schools. there are secret laws. constitutes war crimes. which happens to be at the same location? When someone is an innocent victim of drone use. fire.

if they die then they were innocent. how many children.lawfareblog. innocent is defined. funerals. where a person killed by a drone is automatically a militant.289 Now either the uniform is not recognized by the adversary. but won’t give out details why. legitimacy of targeting children. that was just an accident.counterpunch. In Drone Terms see Datta Khel Nomada Bus Station. representatives of all sides in the dispute. 288 http://papers. either way all suspects die.lawfareblog. The point is that within some culture. so enemy identification is by type of activity. schools. and sliding policies. other community leaders. asserting secrecy in the undeclared war. where no government is recognized by the attackers. an enemy was defined by the uniform of the nation whose troops they were part of. innocents. In attendance were 50 tribal elders. such as: first responders responding to a disaster caused by our military. we really don’t know. who are not enemies of USA or Pakistan. 292     287 In Drone Scribd I review several reports on what has happened when people have sought redress of grievances associated with innocent victims of US drone strikes. or the enemy does not wear uniforms. or waiting for a bus or taxi to pick them up. unless there is some later proof that they were innocent. Part of that issue is Point of View (POV) how an enemy vs. Then they were wiped out by a US drone strike.org/2012/07/19/assassination-nation/print 75 Located in my personal PC / Studies / Drones . at least.com/2012/07/the-fundamental-transformation-in-the-law-morality-and-politicsof-war-individuating-the-responsibility-of-enemies/ 290 http://www. local police.288 o Prior to the war on terror.ssrn. deliberate damage. How often does this happen? Is it an aberration. The USA asserts the 10% killed who were innocent bystanders. where a Pakistan government approved Jirga was being held to settle a legal dispute about a local chromite mine. This sounds like the Puritan witch trials – try to drown a suspect. but since secrecy surrounds why a funeral or wedding was targeted. Legitimacy of targeting public events. The USA claims 90% of the people killed by drones are enemies of our state. maybe someone going into a drug store to buy a drug which has been declared to be illegal.75 Military Issues (2 Sep 08)  Drone Scribd 3/17/2013 1:24:30 PM Militant identification vs. or part of government policy? Assassinations around the world. innocent civilian. Pakistan asserts that a person is innocent until proven guilty. USA refuses to provide the proof. which the US claims was justified. or having a government meeting. but not recognized by the attacking nation.com/2012/08/targeted-warfare-individuating-enemy-responsibility/ 291 http://www. then they must be killed by other means. The results included a regime change on the community. Collateral damage vs. and considered to be loitering. such as burn at the stake. weddings.cfm?abstract_id=2129860 289 http://www. which the US has been engaged in for ½ a century. if they don’t die in the drowning. o The USA has a combination of secrecy. some types of public gatherings are normal legitimate. Pakistan authorities claim 99% of the kills are of innocent civilians.291 Other nations have been doing this for much longer.290 For example. 35 lawyers. #s killed or maimed.com/sol3/papers.

assassinations via drones are a superior approach from a moral and ethical perspective.tribune.lawfareblog. He says:296  CIA drone strikes in Pakistan’s tribal areas are weakening democracy.com/2012/08/mary-ellen-oconnell-has-a-new-article-on-drones-and-targetedkilling/ 294 http://www. that if used properly. but military hostilities.lawfareblog. directed against people in a nation with which we are allegedly at peace. this is a recruiting tool to swell the ranks of our enemies.com/2012/08/03/us-drone-strikes-undermine-pakistani-democracysays-top-diplomat/ 297 Morality http://www. Policy Issues (2 Aug 29)   Gun walking – who responsible & who framed? Can it ever be stopped.com.  Anti-US sentiment is reaching dangerously high levels in Pakistan because of the drones:  ‘What if my neighbor got killed in a drone attack.76    Drone Scribd 3/17/2013 1:24:30 PM War not declared.294 o Retired General Stanley McChrystal. It is evident that when there is a public perception that the USA is killing innocents. So that’s the sort of reaction we have.cnn. Because it could be me next time. who had nothing to do with the Taliban or al Qaeda? You can imagine how angry I must be.com/article/20120813/OPINION02/120810012?nclick_check=1 292 http://www.foreignpolicy.com/articles/2012/08/13/targeted_killings 293 http://www. CIA assassinations.truthdig.thebureauinvestigates. it can poison US diplomatic relations. in programs with different names? Morality – Some people believe. former commander of the US-led coalition forces in Afghanistan.truthdig. and risk pushing people towards extremist groups.theatlantic.com/2012/07/15/sunday-review/the-moral-case-for-drones. or will it continue. 293 Targeting your own citizens (Does it happen? Is it legitimate?) vs.nytimes.html?hpt=hp_bn7 http://www.com/2012/08/15/opinion/oconnell-targeted-killing/index. Blowback: Types & Risks. some other nation’s citizens. like in Pakistan. you create ten new enemies. in http://www. says: 295  QUOTE  For every innocent person you kill.pk/story/12357/drone-strikes-there-is-no-moralising-the-indefensible/ 296 http://www.297 Other people feel that there is a clash with our values. Britain.com/international/archive/2012/07/yes-sometimes-drones-are-actuallyeffective/260260/ 295 http://blogs.  UNQUOTE o Wajid Shamsul Hasan is one of Pakistan’s top ambassadors. than other means of doing assassinations. When the apparent killing of innocents is on a large scale.com/report/item/the_emerging_drone_culture_20120803/?ln http://www. currently High Commissioner to London.html?_r=1&hp http://www.com/2012/07/scott-shane-on-the-moral-case-for-drones/ https://www.democratandchronicle.com/eartotheground/item/theres_no_downside_to_drones_moral_philosopher_says_20 120803/ 76 Located in my personal PC / Studies / Drones .

our defense team must have expert access to make sure the info has not been faked to make us look bad. since we can expect drug cartels to be using them imminent. or not used by the prosecution. such as people’s bedrooms. since FISA and Patriot Act do not apply to ordinary crime. Hacked drones are potential hard weapons against any soft target. classrooms.299 Political oversight – existence & competence Breach protection – political will. When drone spy evidence used in court. I believe this is a conspiracy theory.298 Then there is the whole topic of the morality of our nation being a killer in the world. hijacking vs.com/article/20120805/NJOPINION03/308050027/ROBINSON-Drone-debatecrucial?odyssey=mod|newswell|text|Opinion|p 301 See EPA in Drone Terms. applying to civilians anywhere drones are used where we might be?303 The right not to be shot at. to spy on.aspx?googleid=302128 77 Located in my personal PC / Studies / Drones . communications with tiny radios in tiny drones? Should drones have “Who I am” identification like manned aircraft. 302 http://www. This is opening a can of worms. and for the defense to have access to the military data base.com/miscellaneous/big-brother-may-be-watching-from-a-droneandpossibly-shooting. in fact many defense teams will want access to help establish alibis.theatlantic. cyber and other security upgrades cannot keep pace. to spy on farmers to figure out which are violating some pollution regulations. Do we need a Bill of Rights. and inform the police.com/dangerroom/2012/05/air-force-drones-domestic-spy/ 303 http://richmond. or terrorist attack. those military data bases need to be turned over to the defense. 302 For that evidence to be used. probably needs a judge’s consent.org/2012/08/29/is-it-the-drones-or-the-killings-we-oppose/ 300 http://www. A judge must approve us being spied upon.77 Drone Scribd 3/17/2013 1:24:30 PM            how the drones are being used.legalexaminer. Military training in USA – they probably will use US citizens. 301 but a lot of people believe it. if not already. hacking. because under the constitutional right to face accuser. What is doable in malware. competence to implement Have drones been designed like SCADA ignoring cyber security risks until it is too late. without their knowledge or consent. 300 EPA use of drones. our civilization is utterly dependent upon vulnerable technology? Technology advances at Internet speed. as part of the training. their places of work. Court system to issue annual statistics showing the kinds of places where drones have been allowed to spy upon. drones. so 298 http://www.counterpunch. etc.wired.app. with lethal or non-lethal weapons from drones. Drone realistic risks of being hijacked for criminal enterprise. during which time they may observe something they think is illegal. which airport radar can see? Drone detection systems are urgently needed.com/international/archive/2012/07/yes-sometimes-drones-are-actuallyeffective/260260/ 299 http://www.

307 which of course is voluntary. such that non-lethal used on them may likely kill them? Police transparency in their use of drones.com/2012/08/iacp-approves-uav-guidelines/ http://www.msn.ca/index. and protect people from this data breached from police storage.305 Within democratic western nations. and other technology.com/news/2012/aug/16/police-chiefs-adopt-drone-code-conduct/ http://reason. because off-shoring implies sharing everything there is to know about the technology being constructed.washingtontimes.jsonline.cato. to avoid false accusations.org/portals/0/pdfs/IACP_UAGuidelines.com/news/washington/story/2012-06-19/drone-backlash/55682654/1 http://reason. what books we borrow from library.com/_news/2012/06/13/12205763-poll-americans-ok-with-some-domesticdrones-but-not-to-catch-speeders http://www. monitoring our Internet use. the voters have an opportunity to reign in abuses of technology. purchase retail. or was it an illusion?)306 Are all deaths by non-lethal weapons (which should be labeled less-lethal) due to medical conditions which the police could not have reasonably known about? What % of public have such conditions.theiacp. there is now a police code of conduct for drone use. We should not export to nations whose people do not have those kinds of rights.peachpundit.org/blog/technology-and-liberty/police-chiefs-issue-recommendations-drones-look-howthey-measure http://www. This export ban should include not off-shoring construction of the devices to such nations.com/news/opinion/government-needs-rules-transparency-in-drone-use-lq5rv1l159943925.com/2012/07/07/debate-topic-limit-use-of-domestic-drones/ http://www. where not all police would follow it.pdf 78 Located in my personal PC / Studies / Drones .org/multimedia/daily-podcast/will-local-cops-use-drones 307 Police drone code of conduct http://www. which violate our constitutional way of life.org/blogs/jake-laperruque/0307jones-drones-and-gps-tracked-automobiles http://usnews.usatoday.msnbc. and what they do with that data. Some people don’t want regulations for military drones used over the USA. Thanks to public concerns. Police Issues (2 Sep 3)   A surveillance society – cameras all over the place. against an innocent public.php?context=va&aid=31535 306 Surveillance Society http://www.html https://www.com/blog/2012/06/07/andrew-napolitano-on-the-lack-of-outrage http://www.78 Drone Scribd 3/17/2013 1:24:30 PM   that there can be a public discussion whether there needs to be any further adjustments to the Bill of Rights against drone usage. 304 We should not be exporting surveillance society technology to non-democratic nations which have significant human rights abuses. they want a total ban on them being used for civilian purposes.com/blog/2012/08/17/with-drone-guidelines-top-cops-agreeno?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reason%2FHitandRun+%28R eason+Online+-+Hit+%26+Run+Blog%29 http://www.aclu.  304 305 http://www.globalresearch. Erosion of right to privacy (Did we ever have that.cdt.lawfareblog.

and basis for deciding who to shoot at?)308 Many of these issues will end up being defined in my Drone Terms. or fact? How serious the weapons. Sept 6. is not as good as other weapon systems. including US Citizens. President Obama spelled out five rules which must be followed in covert US drone attacks. not about ALL of the drones.html 79 Located in my personal PC / Studies / Drones .wired. According to The Bureau of Investigative Journalism. of drone targeting. US Drone Targeting rules (2 Sep 11) In an interview with CNN.nextgov. We need to address both kinds.’ 4 ‘We’ve got to make sure that in what ever operations we conduct. and some I believe are legitimate concerns.com/politico44/2012/09/obama-struggles-with-drone-program-134702. President Obama spelled out the rules by which the US government selects people to be killed by drones. QUOTE309 1 ’It has to be a target authorized by our laws. and addressed in individual chapters of my Drone Notes.com/2012/09/todays-headlines-and-commentary-264/ http://www.com/dangerroom/2012/09/obama-drone/ http://www.com/defense/2012/08/domestic-drone-backers-worry-about-privacy-andsecurity/57809/?oref=ng-HPtopstory 309 http://www.salon.’ UNQUOTE As we can see from news reports. 308 http://open.politico.’ 2 ’It has to be a threat that is serious and not speculative.’ 5 ‘That while there is a legal justification for us to try and stop [American citizens] from carrying out plots… they are subject to the protections of the constitution and due process.  Many drone strikes are based on bad intelligence. not always been this way. we are very careful about avoiding civilian casualties.  The President is speaking in half truths here.thebureauinvestigates. (Is this a fantasy.  The rules are changed over time. 2012.’ 3 ’It has to be a situation in which we can’t capture the individual before they move forward on some sort of operational plot against the United States. it would appear like either:  These rules have not been followed consistently.com/blog/scanner/2012/06/18/armed_drones_over_america http://www. Some people fears I believe are bogus.lawfareblog.79  Drone Scribd 3/17/2013 1:24:30 PM Police use of weaponized drones.  The state of art.310 and legal challenges.com/2012/09/06/obamas-five-rules-for-covert-drone-strikes/ 310 http://www.

there is a vast army of “me too” jerks.  Many players who attack conclusions of other players.  Our terrorist enemies often do not have as good access to expertise as people in the first world.story 80 Located in my personal PC / Studies / Drones . to millions of trouble makers. One gang finds out something. and how they conduct that war.  Great difficulty in getting at accurate totals on this topic. our responsibility is to bring this to the attention of relevant authorities. that because the hackers already know this info.311 Freedom of Speech in War Time (2 Sep 9) In my opinion. This leads to debate between different pundits which information sources are most reliable.0. or write. when there are serious problems with the security of the nation. from a few thousand. with sufficient info so they can fix it. Although many people are apparently in denial of this. without good analysis of how come one set of figures could be flawed.latimes.6627133. in a way which can get the info shared with criminals and enemies who might exploit the info. We have a right to criticize our leaders decision to go to war. but inappropriate to respond to trolls who demand proof of our assertions. people violating freedom of speech in wartime then share this through the Internet. how many of them legitimate targets. who has looked at any volume of drone reports. radios the info to a submarine. and headed to the front lines. During WW II there was a slogan “Loose Lips Sink Ships. I have heard some people say.  In addition to hardened criminals. so revealing such details can convert the volume of people in the know. that there are:  Widely different estimates of how many people have been killed by drones. who are now providing this info so our enemies can use it.com/news/opinion/opinion-la/la-ol-drones-cavallaro-blowback20130212.” This meant. 311 http://www. our nation is at war right now. there is no harm in making it public. who might misuse the data. It is Ok to tell the public that some vulnerability exists. and now all the gangs have that how to. You tell all your friends. There are several problems with such assertions. An enemy agent is listening to the gossip. that we do not give aid and comfort to the enemy. and how many obviously innocent. or the security of critical infrastructure. to help them do the modern day equivalent of sinking Johnny’s troop ship.80 Drone Scribd 3/17/2013 1:24:30 PM Counting Innocents attacked by Drones (3 Feb 26) It is evident to anyone. for example that your family member Johnny tells you his troop ship is leaving a certain port at a certain time. which sinks Johnny’s troop ship. We have a responsibility to do so in such a way.

a key architect of the drone campaign. While there has been enormous criticism by many analysts. and the reaction it has triggered. June 2012.312 Britain is very careful not to deny its people due process rights. Apparently this memo has gone thru many drafts. when they are no longer a British subject. They were used in the first Gulf War to shoot down Saddam Air Force.com/blog/2013/02/28/uk-doesnt-assassinate-its-citizens-itst?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reason%2FHitandRun+%28R eason+Online+-+Hit+%26+Run+Blog%29 313 DoJ = US Department of Justice 314 This according to FAS (Federation of American Scientists) https://www. and rightless. in this section of chapters. my focus is on the leaked memo. US Kill Americans memo leak (3 Feb 07) There’s a DoJ313 memo. There is evidence that many members of Congress already knew about the contents of the memo. torture them.314 Then it was leaked through NBC news.politico. may change what they can say publicly.html 81 Located in my personal PC / Studies / Drones . social media. so then they are stateless. If this needs to be done to someone. 312 http://reason. 2.nbcnews. Kill them. on condition that Congress keep it confidential. so having this now in the public view.fas.316 This triggered a fire storm of commentary in news media. Britain first un-Britishes them. The administration is scrambling to try to figure out which one got leaked.81 Drone Scribd 3/17/2013 1:24:30 PM UK strips citizenship then kills (3 Feb 28) Britain does not kill its citizens abroad. 315 See in Drone Dates. and requests from various members of Congress to various administration officials. and not speak about it publicly. 1. is same as them endorsing it. under President Obama. by administration officials on the condition that it be kept confidential and not discussed publicly”.html where FAS says NBC says this document had been “provided to members of the Senate Intelligence and Judiciary committees June 2012. in general. like the US does. early in Feb 2013. which was given to selected members of Congress.org/blog/secrecy/2013/02/keeping_secrets. and when we found out how. a time line of what happened when. on the eve of US Senate hearings to see if White House counterterrorism adviser John Brennan.317 Maybe they need to read Patriot Games by Tom Clancy and incorporate his Canary Trap into real US documents. and targeted killing.com/_news/2013/02/04/16843014-exclusive-justice-department-memoreveals-legal-case-for-drone-strikes-on-americans?lite 317 http://www. of US drone policies. 316 http://openchannel. Many writers act like President Obama’s administration invented drones. Remove their citizenship. FAS argued that by Congress saying nothing about this material. Drones have been used at least since WW II.315 would get to be CIA director. legal media. but have evolved rapidly in recent years.com/blogs/under-the-radar/2013/02/official-memo-justifying-drone-strikes-leaks156106. etc. or arranges for the Americans to kill them. but maybe what they knew was classified. seeking further clarification.

Up top I have summary about the history of the memo. o Al Aulaqi is one of several Americans killed by US drones.  This was a bomb shell for some legal scholars. but mainstream news media attention soon moved to other topics. Various legal scholars around the world have disputed the legal theories given out by the US representatives. what it is about. 318 http://www. Mainstream news media still asleep. and many other foreign policy implications. o One case went all the way to the Pakistan Supreme Court. and court cases in other nations. as do law suits. but US courts said they could not interfere with administration policies.  Some of those stories got a flurry of attention within the individual nations. The give and take of these speeches revealed the existence of underlying documents which the administration was refusing to share with Congress or the court system.lawfareblog. with impartiality.82 Drone Scribd 3/17/2013 1:24:30 PM Down below I have chapters where various people react to the memo.com/2013/02/just-calm-down-about-that-doj-white-paper/ 82 Located in my personal PC / Studies / Drones . However.  2013 Feb 5. and sometimes judges trying to decide the court cases. and so did mainstream news media. There were also law suits in Britain over the death of British subjects thanks to US drones in which it was alleged that British intelligence fed USA the info leading to their deaths. disapproving of some content. It was known he was on the kill list before it happened. Russia. Lawfare overall perspective (3 Feb 07) Lawfare often has posts about drones.318 Benjamin Wittes and Susan Hennessey review history. o After death of Al Aulaqi and other family members. His family went to US courts trying to fight this. approving of other. China. o The UN is now investigating the US for alleged war crimes. I also add my 20 cents to their overview. with help of ACLU. Congress keeps asking for them.  Mainstream news media fast asleep on this topic. surviving family again initiated law suit. human rights activists. and I do not know what other nations. Guantanamo Bay.  The US gov ignored this. o Over a period of several years. many administrative spokespersons have given speeches justifying the use of drones to kill enemies anywhere in the world. struggling to comprehend all the references and implications. at the request of Pakistan. which ruled that what the USA is doing with drones is a severe international law violation of Pakistan sovereignty. as more info comes out. and constitutes war crimes. the war on terrorism.

or by Congress. whose content were available to the general public. which published the scoop. (3) release a white paper. is like a novel. The ACLU and New York Times also had FOIA320 seeking basis for US thinking it Ok to kill people. but they were not the whole story. possibly within the secret portions.  Mainstream news media asleep. what to do about them. and (4) release a redacted version of the documents.  A story which has been developing for many years. The confidential white paper. and delivered to a very small number of people in Congress. There were four possibilities: (1) say nothing. Journalists 319 320 OLC = Office of Legal Counsel at the US Dept of Justice. This was on condition they keep it confidential. 83 Located in my personal PC / Studies / Drones . They are like excerpts of a much larger legal opinion. (2) give a speech. each giving a few more details on a common theme. Apparently there is an OLC319 document which justified the killing of Al Aulaqi in a nation where we are not at war. not putting it in the larger perspective. President Obama has a bunch of new people for his second term.  This was a bomb shell for some legal scholars. social media.  Mainstream news media wakes up. we don’t know how it is going to end. FOIA = Freedom of Information Act.  Mainstream news media asleep. but mainstream news still asleep. human rights activists. like it is a bomb shell. treats the leaked white paper. then attention shifted to other stories. A white paper was drafted. These legal challenges led to a discussion inside the administration.83  Drone Scribd 3/17/2013 1:24:30 PM o o o o o o o o o Mainstream news media had a flurry of coverage. which was kept secret for years. Eventually. rather than capture for trial. somehow made its way to NBC news. and this is not subject to review by any court in the world. There were a whole bunch of speeches. in fact there were a bunch of drafts. but stated various misgivings about the mess.  Mainstream news media asleep. which Congress got June 2012. US drone and targeted killing policies should be part of what those hearings cover. needing Senate approval. some rulings being appealed. as defined by the US War Powers Act. The speeches and the white paper were consistent with each other. do not say anything about it publicly. may target anyone in those groups. US court of appeals accepted the US defense in one of the ACLU cases. There are multiple law suits and FOIA pending. who were associated with certain committees. US defense is that the US is at war with alQaeda and other related organizations.

com/2013/02/white-paper-shmite-paper-we-should-be-worrying-about-droneproof-cities/ http://www. 2013 Feb 7. only through a leak) for even this discussion to be publicly disclosed. o White House caves. exactly.322 Ritika Singh wrote about drone-proof cities.com/2013/02/whats-really-wrong-with-the-targeted-killing-white-paper/ 324 http://www. Yes. o Many people want to know the process in–how. 2013 Jack Goldsmith clarifies one point some people have been asking about.  Mainstream news covers this.theatlanticcities.323 Steve Vladeck discusses many issues of leaked memo. they don’t have the time to figure it out.lawfareblog. we really won’t know if Congress gets it. tries to set us straight. for what they have been asking for years.324  321 322 http://www. and says Congress will get the secret stuff they have been asking for. o The issue reduces to how the government decides that a case is presented–and what checks there are to minimize false positives… Nothing in the white paper provides any elaboration on this point– and because of that. without trial. o Now that the white paper is in the public domain. it’s mind-boggling that it took this long (and even then. Some of what he writes about is too soaked in law precedents for me to adequately digest and summarize. 2013 Feb 06. the President of the USA has authority to kill US citizens who are inside the USA. under certain circumstances. and packages it so the public can see the situation. and whether anyone tries to argue the opposite side. That is the same grievance many people have had with a lot of what is in Wikileaks. Congress asks the Administration again.com/2013/02/todays-headlines-and-commentary-358/ http://www. with no knowledge of the long history perspective.lawfareblog. Lawfare Feb-6-23 + overall (3 Feb 23)    2013 Feb 06.lawfareblog. Feb 23.321 Raffaela Wakeman writes that there is a lot of misinformation floating around about the leaked memo. Because it is secret. o Some of what he writes about.lawfareblog. a random chapter. the government decides that the various criteria it articulates for these strikes are met.com/2013/02/of-course-president-obama-has-authority-under-somecircumstances-to-order-lethal-force-against-a-u-s-citizen-on-u-s-soil-and-a-free-draft-response-to-senatorpaul-for-john-brennan/ 84 Located in my personal PC / Studies / Drones .84 Drone Scribd 3/17/2013 1:24:30 PM walking into the middle. what’s going on?” and with short news cycles. I have in another chapter. because they are missing some points.com/politics/2013/02/imagining-drone-proof-city/4606/ 323 http://www. After all. who is in the room when such decisions are made. o Why is it structured to provide fuel to conspiracy theories? He thinks DoJ has been tone-deaf to many grievances. it’s not like anything in this white paper is classified. are like “Huh.

lawfareblog.lawfareblog. It’s Not Illegal“ From Wired: “Obama’s Memo on Targeted Killings Is a Drone Strike on the Law“ From CNN’s Security Clearance: “Memo backs U.S. There is information about killing Americans with drones and other targeted killing. These news media are treating the story as if it is new content. or the world.85  Drone Scribd 3/17/2013 1:24:30 PM Lawfare Feb-27 + overall (3 Feb 27) Feb 27.foxnews.325 He found it necessary to re-organize many sources into a coherent picture. Lawfare shares some examples:327        From Mother Jones: “Obama Targeted Killing Document: If We Do It. using lethal force against Americans overseas“ From the New Yorker: “Whom Can the President Kill?“ From Fox News: “Obama drone program’s potential targeted killing of American citizens abroad opens a dangerous legal slippery slope“ From The Washington Post: “The Justice Department’s chilling ‘targeted killings’ memo“ From Global Post: “Justice Department memo justifies targeted killing of Americans“ I can add to this list:  Fox News: “President Obama gives himself permission to kill”328 Yes these headlines are true today. and to address some of the mis-readings of the administration’s view. There are many posts.com/2013/02/in-defense-of-the-administration-on-targeted-killing-ofamericans/ 327 http://www. What is in the memo is not new information. found in other people’s writings. 2013 Benjamin Wittes reminds us that he was one of the people testifying Feb 27.com/2013/02/a-brief-word-in-response-to-jack/ 328 http://www. What is new is a 2012 memo about old information. like this. but they would also have been true years ago. got leaked. For all we know. It is not information which has been kept secret from the American people. so they come away from the NBC story with major misconceptions.326 He both attempts to lay out a clear positive case for the position the administration has taken. and how the hearing went. they were also true under President Bush. which he now shares with us as a blog post. which is 325 See Drone Reports and drone-list for links to testimony from other people. for future review. Lots news Garbage on Memo Gate (3 Feb 09) Vast numbers of news media writers have been ignoring the issues of drones and targeted killings.com/opinion/2013/02/07/obama-gives-himself-permission-to-kill/ 85 Located in my personal PC / Studies / Drones . which I would like to have in document format. 2013 at the House Judiciary Committee hearing on Targeted Killing. 326 http://www.

and is not in this memo. would the news media still be staying silent on this issue? Either they do not understand the topic. when there is a national news story. So the above headlines are all spouting out about ancient history. And while the document is certainly important for the added richness and texture it offers elite readers. A real story is why the news media has not been covering this issue until Obama has drone leaders into Senate hearings. where I focus on the battles the ACLU has been having with this policy for several years. Some news media are deliberately distorting the subject. and we are oblivious to it. like they just woke up to some realities other people have known for years. This reminds us that for stories we know nothing about. If we had never lost Petraeus.com/2013/02/more-on-targeted-killing-white-paper/ 86 Located in my personal PC / Studies / Drones . or they are deliberately doing anything but fair and balanced news. and it is in our town. it is often surprising how much the national media gets wrong. 329 This is in total ignorance of the fact that there have been several court cases. Normally we do not see this. will eventually come out and give the news media an F for their collective coverage of this story. and some journalists are ignorant of the big picture. the media is also getting a lot wrong. Lawfare says QUOTE:330 This document is not being received as—to use Jack’s phrase331—important because it “fills in the details of the legal arguments made in general terms in leaks and speeches.theatlantic.lawfareblog. UNQUOTE 329 http://www.com/national/archive/2013/02/the-targeted-killing-memo-a-weak-brief-beggingfor-a-court-case/272880/ 330 http://www.lawfareblog. and what I normally expect from FOX. See elsewhere in my notes in this document. it is a disturbing reflection on the state of art of modern news media that this would be the case. is an often repeated remark that this administrative policy has not been tested in the courts. in which this policy won.86 Drone Scribd 3/17/2013 1:24:30 PM secret. In the case of news media that don’t understand the story. engaged in some kind of propaganda war against President Obama. from which the journalist goes on to do some speculation what might happen if it is ever in a court case. which is not unusual.” It’s being received as a bombshell of its own .com/2013/02/a-brief-word-in-response-to-jack/ 331 http://www. its marginal value to the mass audience is very nearly nil. However. An example of not putting this in perspective. or one of the other news media fact checking outfits. I suspect a mixture of the two. I expect that Columbia Journalism Review.

who merged the microscopic new stuff in it. making it hard to read. with what administrative officials had been saying for years.politico.com/2013/02/just-calm-down-about-that-doj-white-paper/ 334 http://www.emptywheel. What is in leaked memo? (3 Feb 21) Multiple sources say there is nothing really new in the memo.html 335 http://www. 2. It just organizes the administration position a little differently. My making it available. So along comes this scoop via NBC News. to get an improved big picture. and this is a very complex story.335 There are articles about the memo in several sources  The National Journal  Politico  US News and World Report  The Empty Wheel 332 333 http://www. Other News Media jump on the story. The news cycle is very short.com/2013/02/more-on-targeted-killing-white-paper/ http://www.com/2013/02/todays-headlines-and-commentary-358/ http://www.lawfareblog. It is in NBC News. at time of the killing.lawfareblog. gives ammo to commentators who have not been paying attention to the drone and targeted killing controversies. The general public sees it. so they do not see the spectrum of what is going on via alternative and specialized media. from the perspective of people who have been following this story for a while. for the most part using journalists who have not previously been covering this story. and from the administrations spokespersons. It is unclear from the memo. so they get a lot of things wrong. One leaked memo. It does not give journalists time to do proper self-education of complex stories. because: 1.87 Drone Scribd 3/17/2013 1:24:30 PM Lessons from news garbage (3 Feb 07) We know that vast numbers of the general public get their news from mainstream news.lawfareblog. whether they think they can use drones to kill Americans who happen to be inside the USA. because it has brought to the attention of a lot of the general public a story which they have been missing for years.332 This may also be true for most people who work in mainstream news media. 333 We are fortunate that the leaked memo was made available by NBC News. but I hate it that they overprinted their name all the way thru.com/story/2013/02/obama-faces-new-questions-on-drones-87242. but is readily available to everyone.334 I tend to agree.net/2013/02/18/the-aumf-fallacy/ 87 Located in my personal PC / Studies / Drones . which fills in a few gaps in an esoteric subject which the specialized media has been covering for years. I think this leak is a good thing. it got into the hands of legal scholars and others.

com/doc/124050365/US-DoJ-justifies-assassinating-Americans-via-NBC 340 See my Drone Dates and Drone Terms for additional details on these. labeled by other nations as war crimes. and/or provide a navigation guide. The administration has been talking this line for a long time.usnews.nationaljournal. city fathers.net/2013/02/04/this-isnt-the-memo-youre-looking-for/ http://theweek. 2011 March 17. involved with the Taliban. It reminds me of when I watched Gulf War I news briefings on C-Span. lawyers. in proper identification of militants to be attacked. The Washington Post on You Tube. The US thought he was someone else. that US intelligence is flawed. Pakistani 336 http://www.336 but Lawfare takes issue with some of their content.youtube.html http://www.  US News and World Report  The Week say this is new stuff. See in my Drone Terms for example.com/news/articles/2013/02/05/leaked-memo-outlines-policy-for-killing-americanswith-drones http://www. has a discussion what the memo says. It was a case of mistaken identity. and other similar incidents. and 75% of the reporter questions were from people who knew nothing about the military. I will also add to that collection. A Pakistani court hearing was held with tribal leaders.com/2013/02/todays-headlines-and-commentary-358/ 338 https://www.com/nationalsecurity/how-the-u-s-determines-when-to-kill-one-of-its-owncitizens-20130205 http://www.scribd. are brand new to this story. judges. 88 Located in my personal PC / Studies / Drones .88  The Week Drone Scribd 3/17/2013 1:24:30 PM They try to explain what is in it. For example: 2010 Sept: Zabet Amanullah.politico. translation me means the reporters on this story.be 339 http://www.lawfareblog. to resolve a mining dispute.339 As I note other people uploading copies. and does not say. also tries to explain how such memos fit into administration policy implementation.338 View leaked memo (3 Feb 06) I uploaded copy of this memo into my Scribd Drone Info collection. A US drone strike killed him and nine fellow election workers.com/article/index/239671/your-government-can-kill-you-if 337 http://www. etc.emptywheel.337 So do I. in Datta Khel. with slightly different names. a candidate in Pakistan parliamentary elections. such as different standards for US and non-US citizens. is as follows: 340 We know from US drone strikes. giving speeches to the voters. was traveling around.com/story/2013/02/obama-faces-new-questions-on-drones-87242. The description I posted when I uploaded it.com/watch?v=gm-ZiUWAjGE&feature=youtu.

from perspective of some concepts 341 Sources disagree on how many people were killed. and avoid this targeted killing. or their families. A US drone killed a car load of soccer fans. A lot of what the government does is secret. mistaking them for the enemy. although there is a lot of violence in the war on drugs. around 50. so is much of the lawyer talk for and against. US Justification for Targeted Killing (3 Feb 27) Just as the leaked memo is heavy reading. US drone attacked.com/2013/02/in-defense-of-the-administration-on-targeted-killing-ofamericans/ 89 Located in my personal PC / Studies / Drones . Individual speeches. 2011 April. 2011 Oct 31. as how the US would expect militants to behave.lawfareblog. this was effectively a regime change. without an opportunity for them. by killing off all leaders of tribes around this one village. and its citizens abroad. It needs to have good legal justification for its actions doing so. The USA is engaged in a war on drugs. and includes many independent groups with similar goals. We do not know if this was US intention. because US refuses to explain why they attacked the Pakistani judicial system’s meeting which the Pakistani military knew about in advance. it seems likely that innocent Americans may get labeled by the US as enemies to be assassinated. A US drone killed two US soldiers. is to emphasize the importance of the effort. and had approved. 342 http://www. against a real enemy in the military sense. but an armed conflict with a stateless enemy which shifts its bases of operation from nation to nation. and has been engaged in a war on poverty.342 so here I try to translate synopsis of some good info clarity for non-lawyers. The government has an obligation to defend the nation. cheering their team. and civilian court trials where accused are sometimes found innocent. in above two cases. The use of the word “war” in these two examples. It is not a war with another nation state. mistaking their body language. 341 The US government says nothing was done wrong by the USA. Given apparent errors in US judgment. But in addition to the mass casualties. and documents are sometimes poorly drafted. Neither are a “real war” in the sense of doing combat with an enemy. The war on terror is a real war.89 Drone Scribd 3/17/2013 1:24:30 PM police tried to provide security. from attacks by individuals and groups seeking to harm them. to challenge the alleged evidence of their guilt. killed everyone who was there.. including business enterprises and the US military.

 The war is not exclusively with al Qaeda.90 Drone Scribd 3/17/2013 1:24:30 PM that other people want to understand better. Congress has engaged in oversight over drone targeted killing. this kind of conflict is called a “non-international armed conflict” (NIAC). and managed to ignore the Hague Convention in the process.  In any armed conflict. or against their home nation. but in any nation where the enemy forces are located. but also with similar “affiliated” or “associated” co-belligerent forces. and other organizations which defend the nation from attack. This can lead to misunderstandings and confusion. Hague Convention relevance includes deliberate targeting of civilian homes. and its allies. A civilian 90 Located in my personal PC / Studies / Drones . although many pundits are in denial of it. All aspects.  Under International Law. of the administration position. that must be accepted. where we can reasonably expect that there might be a lot of totally innocent people there. international organizations. the US is entitled to target the enemy with lethal force.  Citizenship does not insure someone against the risks when people choose to take up arms in a foreign conflict.  There is no legal obligation to warn targets in advance of striking at them. or to try to capture them instead.  The war is not exclusively within the nation states where the UN. did not “deserve” certain rights accorded combatants under the Geneva Convention. they have not yet been disputed by Congress or the US Court System. or any ally have declared there to be a war. comes from: o “Authorization for the use of military force” (AUMF) passed by Congress right after 9/11 and reaffirmed in 2012. President Bush claimed alQaeda. But once a target offers to surrender. Congress has funded the programs which carry out the President’s actions. Some of us feel that oversight is inadequate. Dangerous Precedents (3 Feb 14) After 9-11. or Congress. in addition to the person in the building whom we suspect of being our enemy. by enemies foreign or domestic. although individual members of Congress. such as Afghanistan and Iraq. and individual judges have disputed some portions of this. but there is clear evidence that oversight does exist. However. The administration maintains:  Authority to fight this war. have been disputed by advocacy groups. and persons within the legal community. o Constitutional authority placing the President in command of the armed forces.

345 But he does not believe in this principle when it comes to the drone wars. they are not really our enemy).91 Drone Scribd 3/17/2013 1:24:30 PM home is not a legitimate military target. because the secret government agents think he is in that category. including small children. claiming that there is no such thing as a human having “no rights” under international law. This same Toure Neblett is opposed to the death penalty for criminals. because they are considered to be enemies of our nation? So government abortion by drones is Ok. should have asked him at what age is one of those children considered to be a killable member of al Qaeda. This is driven by a chain of logic:  Is it OK for secret government officials to label someone as guilty of some crimes. the 5 year old. Just kill him. in civilian clothing. stated QUOTE:344 We're at war with al Qaeda right now. or being a member of a terrorist organization. Now we are seeing a doctrine that says certain US citizens. one of whom is a pregnant woman. One I remember was that their uniforms were not recognized as valid by the US military. The 16 year old. and you are committing treason. In the TV show where he said that. that for example the ban on torture is absolute.com/tv/toure-on-the-death-penalty-this-week-america-was-the-worlds-morallaggard/ 91 Located in my personal PC / Studies / Drones . and they are all retroactively declared to be militants because they are in the same home as the main target. such as Toure Neblett. under the Hague Convention. We don’t recognize the uniform (they are civilians. There were several reasons given. “deserve” no rights because they are accused of very bad stuff.com/blog/2013/02/07/msnbcs-tour-killing-untried-16-year-olds http://newsbusters. in the war on terrorism. because the justice system is not always perfect. you lose the right to be an American.org/blogs/noel-sheppard/2013/02/05/watch-two-far-left-msnbc-hosts-actuallysupport-doj-drone-memo http://reason.mediaite. Other nations disagreed with President Bush. The US drone war is in clear violation of this. You lose the right to due process. The improper uniforms logic can be used to kill anyone. Toure Neblett. is there no cut-off age below which children should not be killed. and there is a risk that innocent people might be convicted. so Ok to kill them. and other people. with no oversight to determine if a mistake or error in judgment was made? 343 344 http://reason. others who talked about children being killed. which could be said for any nation’s response to people who claim to be freedom fight ers. We think they are our enemy. because a drone strikes a home containing 1 enemy and 10 innocents until moment of drone strike. and if you join al Qaeda. by Bush administration. suspected of being our enemy. You declare yourself an enemy of this nation.com/blog/2013/02/07/msnbcs-tour-killing-untried-16-year-olds 345 http://www. 343 For example. UNQUOTE One problem I have with the above attitude is that secret government agents can decide that ANYONE falls into this category.

Some said the US is guilty of war crimes. going through several drafts. but the legal defense has merit. These cases will continue.. One of the killings of US citizens was in a restaurant in a city. taking into account the military targeting setting.92      Drone Scribd 3/17/2013 1:24:30 PM      Does citizen abroad have due process rights? (In times past they did. Legal scholars.S. These arguments are how lawyers speak. challenging the administration’s kill list and targeted killings of citizens of US UK Pakistan. we have a system which can eliminate protection from everyone. and in so doing. any state can target anyone in another state. there will be more arguments in courts. before a judge.com/article/SB10001424127887323951904578288380180346300. but these rights do not exist for Americans who have joined an enemy force.lawfareblog.com/2013/02/andrew-kent-on-the-white-paper-as-a-plus-for-civil-liberties/ 92 Located in my personal PC / Studies / Drones . is in association with the administration planning its defenses against the many court cases coming through court systems. President sign it.html?mod=googlenews _wsj http://www. so bomb him in Kentucky. By that reasoning. and others. Others argue that all relevant constitutional protections apply to U. and blocks the courts from involvement. Some said what the US is doing is despicable. there is a categorical exclusion for wartime targeting. but that some constitutional rights relevant here require contextual balancing. Courts allowed to review its constitutionality. thus the US administration continues to refine its position.S. The administration position. white paper. citizens abroad. other patrons. and other nations. citizens abroad at all times. this approach threatens weakening US protections all over. 346 http://www. But this is a national emergency. which may be dangerous. dissipating the rights of the law-abiding back home. Some judges said they had no jurisdiction. while going thru local courts to have him extradited. 346 One possible speculation is that this legal memo. The drone destroyed the restaurant and presumably innocent people like the employees there.) Military necessity demands that protection be eroded. were over-ruled on appeal. results in little if any actual protection. Normally the way to change law is to have Congress pass it. In other words. with or without the leaked memo. precedents may be set. with national security secret exceptions. because it was too much trouble to keep an eye on the target. Instead of a separate body of transparent law for well defined circumstances. in promoting their views in court cases. Some argue that constitutional rights protect U. are exploring the implications of this chain of reasoning. and because of the need to eliminate protection from the accused terrorists.com/2013/02/john-yoo-on-targeted-killing-white-paper/ http://online. It is a hassle for Ohio to extradite this guy. for people back home. Judges have in fact ruled in several cases. makes no exceptions to their reasoning.wsj. Now we have mixed constitutional due process. kept secret from Congress. which is being targeted in an armed conflict. including innocents. Because accused terrorists are included in the same body of constitutional protections as people believed to be totally innocent.lawfareblog. which in this reality. so the President’s administration changes the law.

html?mbid=gnep&google_editors_picks=true http://www. Some people lose citizenship because the nation forgets they exist. to declare them as no longer a citizen of our state. and they honor the nation’s principles.lawfareblog. or the larger policies.349 and thus no longer protected by its constitution? They would become stateless people.com/2013/02/more-on-drones-versus-enhanced-interrogation/ http://www.93 Drone Scribd 3/17/2013 1:24:30 PM Some scholars are neither for nor against the memo. like many refugees are stateless people not by their choice. the children in Australia had no citizenship either in Britain or Australia.html 350 https://www. In WW II many British orphanages sent the children to live in Australia.html?_r=1& 93 Located in my personal PC / Studies / Drones .com/video/2013/02/06/krauthammer_if_you_take_up_arms_against_the_unite d_states_you_have_forfeited_your_rights. There are some precedents. A person leaves nation-A and becomes a citizen of nation-B. Legal sources approving of memo (3 Feb 07) The New York Times writes. a Columbia University law professor who worked on detainee affairs in the Bush administration. by alleged choice.realclearpolitics.com/online/blogs/closeread/2013/02/john-brennans-cia-director-hearings-andthe-so-called-americans. so they lose citizenship with nation-A. Records were lost. or destroyed in the war.347 Misconduct Perceptions (3 Feb 17) Some writers compare and discuss which was worst: Torture approved under Bush administration.newyorker.lawfareblog. QUOTE:350 Matthew Waxman. Drone killing increased in Obama administration.com/2013/02/tools-and-tradeoffs-putting-out-a-draft-for-comments/ http://www. UNQUOTE 347 348 http://www.” “I see a very serious and reasonable effort to translate traditional legal principles to account for the context of this war.” he said.com/2013/02/06/us/politics/obama-slow-to-reveal-secrets-on-targetedkillings. but are more from a historical perspective describing reality. defended the reasoning as “careful and narrow.nytimes. and when it was over.348 Lose Citizenship (3 Feb 10) Would it be simpler when someone appears to take up allegiance with an enemy of our state. so they would be safe from the bombing.” saying it was limited to cases in which “there are no viable alternatives.lawfareblog.com/2013/02/robert-gates-on-drones-and-the-politics-of-drones-v-enhancedinterrogation/ 349 http://www. They could appeal this by showing that they do not have allegiance with the enemy.

lawfareblog. those people are incorrect.351 Legal sources disapproving memo (3 Feb 09) Many lawyers and legal scholars are quoted in the news media. because in their minds. that means right now.lawfareblog.com/2013/02/the-us-government-position-on-imminence-and-active-self-defense/ http://www. but we know what weather is like. which a lot of people have trouble with. Bad weather comes regularly. Many sources are disputing the language re-write.lawfareblog. where leaders of various nations have a different view point.com/articles/news_and_politics/view_from_chicago/2013/02/leaked_drone_memo_obama _can_do_whatever_he_wants_to_fight_terrorism. there’s none in the forecast right now. while a Warning means someone has sighted one in our neighborhood.94 Drone Scribd 3/17/2013 1:24:30 PM Others say the law evolves to meet changing conditions. not because of a Warning.nybooks. But in US criminal law.com/2013/02/the-white-paper-and-due-process/ http://www. and kill them. like when the Weather Service says something bad is a Watch. are headed our way. but we have trouble navigating 351 http://www. Similarly there are things in International Law.com/2013/02/more-on-over-reading-imminence/ 94 Located in my personal PC / Studies / Drones .slate. and it could be here in seconds. the US does not want to bother with the hassles of proving a case to go thru the court system.lawfareblog. then those who prosecute the war have almost carte blanche. but a Suspicion condition. right away. but it is not practical to have them arrested and brought to trial.” People are targeted by drones. with the kind of overwhelming majority we saw with Vietnam and other wars. and until the general public turns against the current wars. it means that conditions that can cause a tornado. Bill Clinton was not the first to make that assertion. or blizzard.org/2013/02/05/the-doj-white-papers-confused-approach-to-imminence-and-capture/ http://www. then use the justification that there is an imminent risk they will do something bad. o It may be that many of us are confused. include: 352  Imminent Danger … for most people. or flood. disagreeing with many elements of the DoJ memo. because we are accustomed to how the law works inside a nation … criminal law. civil law. or Watch condition.com/2013/02/two-sharply-different-commentaries-on-the-white-paper/ 352 Imminent controversy confusion: http://opiniojuris. or whatever.lawfareblog.com/2013/02/confusion-about-imminence-and-targeted-killings/ http://www. You know how many people claim they did not have sex with that person. etc. so we need to implement our safety plan right now!  Thus to the common man. not sodomy. including the writers of the leaked memo. sex is intercourse.  Well the memo seems to define Imminent as “whenever we say it is. it seems insane to put someone on a kill list for 2 years. Their different view point does not change International Law.com/blogs/nyrblog/2013/feb/06/drones-killing-made-easy/ http://www. It sounds like. There is broad partisan support for the wars started at 9-11. Some of the re-definitions in the memo. until we find them. but are not here yet.html http://www.

as dangerous as the administration claims.com/2013/02/does-the-white-paper-take-a-new-approach-to-the-geography-ofconflict/ 355 http://www. where the Court upheld the Bush administration’s power to detain enemy combatants. It can be wrong to use domestic examples to explain similar sounding situations in international law.com/blog/2013/02/08/does-obama-think-he-can-order-hits-on-am 354 http://www. o Just as the bad scientist’s work would not stand up to peer review.lawfareblog.com/2013/02/just-calm-down-about-that-doj-white-paper/ 95 Located in my personal PC / Studies / Drones . and then omits the Supreme Court’s requirement that independent judges need to have the last word on whether or not suspects are. and be labeled as a fraud.95 Drone Scribd 3/17/2013 1:24:30 PM      international law. Some of them are re-occurring in this latest fire-storm triggered by NBC releasing the leaked memo. and court precedents. and domestic institutions. then lawyers picked bits and pieces of laws.com/2013/02/two-sharply-different-commentaries-on-the-white-paper/ http://reason. o Some lawyers sound like bad scientists . and treaties. nationals abroad? Did Congress repeal it in secret. that Congress has not authorized. or NDAA?355 353 http://www.S. President wants to do something. then uses selective info to try to prove the foregone conclusion. to explain weather on Venus.lawfareblog. § 1119(b). but only after insisting that suspects could challenge the factual basis for their detention before a neutral decision maker. o Here is the issue of the Geography of War … we are fighting a war in Afghanistan. but not enough for that purpose. In other words. o The leaked memo sounds like a decision was made to do something. to make it sound like the decision was valid. o A bad scientist is someone who decides what the results should be. International law is based on conventions. which have been specifically prohibited by Congress. Trust Us353 is an argument the US Supreme Court rejected in Hamdi. presumably to protect the troops in Afghanistan. as part of the Patriot Act. It is like using reality on Mars. rather it is based on precedents. provided certain checks and balances are included in the process. in fact. Yes.com/article/112338/obama-administrations-drone-memo-unconstitutional# http://www.lawfareblog. The Obama administration repeatedly invokes the Hamdi case to justify targeted assassinations. and Courts say Ok. There have been many legal debates. Can they kill people anywhere in the world for that same purpose?354 What has happened to the War Crimes Act or 18 U. some of these lawyers may be accused of fomenting war crimes.S. they have some stuff in common. which I have covered elsewhere in these notes. Domestic law is not logical.C. but drones kill people in Pakistan.newrepublic. forbidding the killing of U. on the grounds that it had been authorized by Congress.

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ACLU analysis of leaked memo (3 Feb 08)
ACLU = American Civil Liberties Union356. The ACLU argues, QUOTE: 357 Some of the white paper's key legal arguments don't stand up to even cursory review. The paper omits crucial language from Mathews v. Eldridge, a case in which the Supreme Court held that the question of what process must be afforded to a person before he is deprived of life or liberty must take into account "the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards." The white paper also suggests, incorrectly, that the courts have endorsed the view that there is no geographic limitation on the government's exercise of war powers. In fact all of the cases in which the D.C. Circuit has upheld the detention of a prisoner held at Guantanamo involved a connection of some kind to Afghanistan. And, more important, the Supreme Court case on which the white paper relies most heavily involved an American who was detained in Afghanistan. You can't reasonably read a case that permitted the military detention of an American on an actual battlefield to supply a green light for the extrajudicial killing of American terrorism suspects anywhere in the world. UNQUOTE

FAS analysis of leaked memo (3 Feb 06)
FAS = Federation of American Scientists. They wrote, QUOTE: 358 NBC says this document had been “provided to members of the Senate Intelligence and Judiciary committees June 2012, by administration officials on the condition that it be kept confidential and not discussed publicly. UNQUOTE I am anxious to see additional source(s) confirming FAS assertion regarding the June 2012 time line.

356

http://www.aclu.org/blog/tag/targeted-killings http://www.aclu.org/blog/tag/drones http://www.aclu.org/national-security/maine-senators-should-question-john-brennan-killing-program http://www.aclu.org/blog/national-security/aclu-court-filing-argues-judicial-review-us-targeted-killingsamericans https://plus.google.com/u/0/110809308822849680310/posts/HsaJGu4vyuj
357

http://www.aclu.org/blog/national-security/justice-departments-white-paper-targeted-killing and http://www.aclu.org/national-security/justice-department-white-paper-details-rationale-targetedkilling-americans 358 https://www.fas.org/blog/secrecy/2013/02/keeping_secrets.html

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FAS argues that by Congress saying nothing about this material, is same as them endorsing it.

Informed Comment on leaked memo (3 Feb 06)
Juan Cole provides an independent and informed perspective on Middle Eastern and American politics. He has five objections to the vision of the memo, which seems to him are directly contrary to the spirit and the letter of the US constitution: I am quoting heavily from his blog, and paraphrasing and expanding in places. 359 1. In the Western tradition of law, there can be no punishment without the commission of a specific crime defined by statute. These people are being assassinated on mere suspicion that they have evil intentions. However, many things changed after 9-11, where it was not just a matter of catching people after doing bad deeds, and running them thru criminal justice, it was also intercepting and preventing terrorist plots. This seems to go one step further, assassinate people before they concoct their plots, thanks to the notion that they have got mixed up with bad company. It would be like killing everyone who is wearing the insignia associated with a street gang, on the assumption that sooner or later they may do bad stuff. 2. The president’s powers under the memo, to kill specific people, appear to be alleged to derive in part from the 2001 Congressional Authorization for the Use of Military Force, i.e. from the legislature. This concept was expressly prohibited by The US Constitution, Article I, Section 9, paragraph 3. The notion that war can only be declared on states, not organizations, ignores the precedent of the US going after pirates and drug cartels. 3. The memo’s vision violates the principle of the separation of powers. It makes the President judge, jury and executioner. 4. The memo resurrects the medieval notion of “outlawry”– that an individual can be put outside the protection of the law by the sovereign for vague crimes such as “rebellion,” and merely by royal decree. The US Constitution framers insisted that you couldn’t just hang someone out to dry by decree. Rather, a person who was alleged to have committed a crime such as treason or terrorism had to be captured, brought to court, tried, and sentenced in accordance with a specific statute, and then punished by the state. If someone is arrested, they have legal rights from the judicial system, including showing cause to be arrested, locked up, right to face accuser, and if evidence, right to face whoever interpreted the evidence. See in my Drone Terms, near the beginning, where I reference Amendments to the US Constitution, which I believe are relevant to Drones. 5. The memo asks us to trust the executive to establish beyond the shadow of a doubt the guilt of an individual in a distant land, to whom access is so limited that the US cannot hope to capture him or have local authorities capture him. The notion that the whole world is a battlefield violates basic legal conceptions of international law such as national sovereignty. There are several recent precedents showing that many errors have been made in enemy identification in recent US history.
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http://www.juancole.com/2013/02/objections-houses-killing.html See the full blog for full details.

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a. The vast majority of the prisoners in Abu Graib were innocent of any wrong doing. The Sunni Shite Kurd divide is such that many people turned in other people, they did not like, for the US rewards. b. A similar practice is allegedly going on in Pakistan, were people have to pay protection money to gangsters. Otherwise, the gangsters claim the people, who are not paying the extortions, are terrorists, so US drones will kill them. c. Vast numbers of people in Guantanamo Bay were merely in the wrong place at the wrong time, arrested in mass round-ups. Some people were enemies of the Taliban, turned in by the Taliban to get massive influx of US funding rewards. d. Many people tortured by the CIA, or its allies, were found to have been totally innocent.

Opinio Juris on leaked memo (3 Feb 07)
Some people think that what the USA is doing with drone strikes, targeted killing, this memo etc, it is unconstitutional.360 Kevin Jon Heller says this document is flawed.361 QUOTE:  There is a complete failure to address the relationship between the organized armed groups that the US considers to be engaged in a single noninternational armed conflict (NIAC) with the US.  Then it explicitly addresses the argument that the existence of a NIAC between the US and al-Qaida must be determined according to the test established by the ICTY in Tadic — the test adopted by the ICRC,362 by the ICC,363 and by nearly all international law scholars.  This analysis is absolutely correct: as long as the US is engaged in a NIAC with an al-Qa’ida group in a particular location — because the organization of the group and the intensity of the hostilities there satisfy Tadic – any member of that al-Qa’ida group can be targeted anywhere in the world.  But it completely ignores one of the two constitutive elements of the Tadic test: the organization requirement. The White Paper simply assumes that “al -Qa’ida and its associated forces” constitute a single organized armed group for purposes of IHL364 — “a transnational, non-state actor” that is “one of the parties” involved in “the non-international armed conflict between the United States and al-Qa’ida that the Supreme Court recognized in Hamdan” (emphasis mine).  The actual organization of “al -Qa’ida and its associated forces” fatally undermines the White Paper. If those terrorist groups do not form a single
360

http://www.newrepublic.com/article/112338/obama-administrations-drone-memo-unconstitutional# http://www.lawfareblog.com/2013/02/two-sharply-different-commentaries-on-the-white-paper/ 361 http://opiniojuris.org/2013/02/05/the-doj-white-papers-fatal-international-law-flaw/ 362 ICRC = International Committee of the Red Cross. Sometimes they make rulings about the nature of some conflict. 363 ICC = International Criminal Court . 364 IHL = International Humanitarian Law.

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99 Drone Scribd 3/17/2013 1:24:30 PM   organized armed group. have to show (under Tadic) that there is a separate NIAC between the US and that group where that group is located.366 Politico writes. Some of my contacts might also be interested in this blog posting. UNQUOTE US Constitution relevance to Drones (3 Feb 09) Incidentally.com/threatlevel/2008/10/aclu-assails-10/ http://afgeneralcounsel.dodlive. It is possible. the White Paper authorizes the use of lethal force against individuals whose targeting is.gov/history/home.wired. about when Lincoln suspended habeas corpus. of relevance to this topic.fjc.html 99 Located in my personal PC / Studies / Drones . prohibited by international law. there can be no single NIAC between the US and “al Qa’ida and its associated forces. and violent actions taken against apparently peaceful protests. including: 365 366 http://www. your car. that the US could make the requisite showing. in fact.  1st Amendment of US Constitution has some relevance to the legalities of targeting US citizens for killing by drones or other means. QUOTE367 The Constitution says two witnesses are needed to convict for treason. your cell phone. Are two enough to order a deadly drone strike against an American? More? Fewer? Is eyewitness testimony enough or is some kind of surveillance or physical evidence needed? UNQUOTE How about evidence which can be faked? How about cyber treason? Here are some excerpts from my Drone Terms.mil/2013/02/09/an-historical-reflection-lincolns-other-proclamation/ http://www."365 That means you can forget about any constitutional rights if you are inside that zone when federal agents stop you. etc. your laptop.politico. On the contrary. As a result. by the USAF chief ethics lawyer. in order to lawfully target a “senior operational commander” in a terrorist group that does not qualify as part of al-Qaida in Afganistan.html 367 http://www. without more. ask you questions.nsf/page/tu_merryman_narrative.” And if there is no single NIAC between the United States and “al-Qa’ida and its associated forces. the US would. want to search you. But the White Paper never even considers the issue. because of its flawed understanding of the Tadic test.com/story/2013/02/obama-faces-new-questions-on-drones-87242_Page3.” the US cannot — by its own standards — justify targeting anyone who is a “senior operational commander” in one of those groups simply by citing the existence of the hostilities between the US and al-Qai’da in Afghanistan. of course. who knew the USA had 190 million US citizens living within a "Constitution-free Zone.

typepad. papers. cleared in one nation. tapping cell phone traffic. They were in foreign nations.369 o Some protections are a combination of the 5 th and 14th amendments. within the USA.  4th Amendment of US Constitution has relevance to legalities of targeting US citizens for killing by drones or other means. including: o Freedom from Unreasonable Searches & Seizures. including: o Due Process of Law. and justifiability of torture. 100 Located in my personal PC / Studies / Drones . such as e-mail.368 o Prohibits Self-Incrimination and Double Jeopardy. 368 http://reason. including: o Right to be Armed We know US drones have been used to attack US soldiers (mistaken for the enemy). houses. and armed Pakistani police.100 o Freedom of Assembly o Freedom of Religion o Freedom of Speech Drone Scribd 3/17/2013 1:24:30 PM We know US drones have been used to attack groups of people. a Pakistani military base. religion and/or other protected characteristics as grounds for determining whom to target for investigation.html 369 There have been cases of people targeted.  Law enforcement may not use race.com/the-originalism-blog/2013/02/originalism-and-drone-strikesmichaelramsey. where maybe the US Constitution does not apply.  5th Amendment of US Constitution has relevance to the legalities of targeting US citizens for killing by drones or other means. to see what people doing inside buildings. and effects. etc. o Protection from excessive and arbitrary government intrusion. engaged in the above 3 bullet points. police roadblocks. sticking a GPS tracker on a person’s car. In Drone Terms. suspicionless-searches such as at the border. then history repeats in another.com/blog/2013/02/08/how-obamas-drone-strike-policy-violates http://originalismblog.  2nd Amendment of US Constitution has some relevance to the legalities of targeting US citizens for killing by drones or other means. o Search Warrants need Probable Cause. arrested. I go into some detail regarding applicability of 4th amendment protections such as: People secure in their persons. and actions by the police taken against people photographing them doing their job. using a thermal imager to see through walls.

101 Located in my personal PC / Studies / Drones . or practices a particular religion. Civil and Human Rights Organizations react (3 Feb 07) The Bush administration had legal memos justifying the torture of people suspected of being enemies of the USA. ethnicity. may not yet have triggered a fire storm. led by the senior judge of the Canadian Supreme Court. including: o Trial Rights o Must be notified of the charges and evidence against you o Right to a Lawyer.372 The leaking of this memo. A Canadian investigation. the administration tried to keep the memos secret. a Canadian citizen was sent to Syria by the USA. and enjoyment for people on the ground. whose parents are illegals. 371 and when was the Abu Graib photo controversy? The Obama administration has legal memos justifying the killing of people suspected of being enemies of the USA. o Equality of different people under the Law. or religion. national origin. thus justifying torture.101  Drone Scribd 3/17/2013 1:24:30 PM    Information about an individual. was bandies around in public starting immediately after 9-11.nytimes. 371 https://www. o Immunity of government from some law suits th 14 Amendment of US Constitution includes some elements of topics hot in recent news: o Citizenship defined. the equal protection of the laws” and therefore prohibits government institutions and employees from discriminating against individuals on the basis of race. In both cases. We will have to see. Some of those people were later found to be totally innocent. seeking justice from US. such as born in USA. But what triggered a fire storm of public comment were torture memos found out in 2004. the evidence supporting the notion that this or that person should be 370 In one case. when I uploaded a copy of the leaked memo to Scribd. Some of those people were later found to be totally innocent. the targets of the torture or killing secret.html?_r=1& 372 See examples I cited. in criminal cases th 11 Amendment of US Constitution has some relevance to the legalities of victims of US drone attacks. should not be shared with another government entity on the sole basis that the individual belongs to a particular race. in my description. The news media has a habit of having a story cause célèbre of the moment. th 6 Amendment of US Constitution has some relevance to the legalities of targeting US citizens for killing by drones or other means. or ethnicity. then forgotten a week later. within its jurisdiction. to be tortured for a year.370 The notion of our enemies not being covered by the Geneva Convention.com/2013/02/06/us/politics/obama-slow-to-reveal-secrets-on-targetedkillings. found that he was totally innocent. o Provides a route for compensation if loud aircraft noise takes from the peace and quiet. o The 14th Amendment forbids each state government from “denying to any person. already contained within one government database.

newrepublic. QUOTE386: 373 374 http://www.374  Guardian in Britain. There have been a whole string of fire storms in social media.”373 Well maybe YOU can’t say that.html 377 http://openchannel. but the US administration i s saying it.com/2013/02/05/jay-carney-drone-memo-white-housereporters_n_2625080.com/article/2013/02/05/us-usa-drones-idUSBRE9140X120130205 381 http://usnews.com/article/112338/obama-administrations-drone-memo-unconstitutional# 379 https://www.com/_news/2013/02/05/16855539-judge-jury-and-executioner-legalexperts-fear-implications-of-white-house-drone-memo?lite 382 http://theweek. in various news media:  Forbes.politico. News Media reacts to leaked memo (3 Feb 09) Here are some links to stories about this.102 Drone Scribd 3/17/2013 1:24:30 PM attacked secret.huffingtonpost.guardian.wired. C.reuters.384 There are more stories on this.com/_news/2013/02/04/16843014-exclusive-justice-department-memoreveals-legal-case-for-drone-strikes-on-americans?lite 378 http://www. in which the news media does not seem to cover heavily.382  Wired383 Danger Room.html http://www.co.375  Huffington Post.380  US News via NBC News.com/2013/02/06/us/politics/obama-slow-to-reveal-secrets-on-targetedkillings.com/threatlevel/2013/02/legal-basis-killing-americans/ 384 http://www. 385 Lawfare shares some links.com/2013/02/todays-headlines-and-commentary-358/ 102 Located in my personal PC / Studies / Drones .wired.376  NBC News. That is not imminent .378  New York Times.com/dangerroom/2013/02/obama-imminence/ 385 http://reason.381  The Week.com/blog/2013/02/07/obamas-power-to-identify-combatants-is-t 386 http://www. Dixon Osburn of Human Rights First said “You can’t say ‘imminent’ and create a kill list of people who are on that list for years at a time.html?_r=1& 380 http://www.uk/commentisfree/2013/feb/05/obama-kill-list-doj-memo 376 http://www.nbcnews. than I have time to digest.379  Reuters.lawfareblog.com/story/2013/02/obama-faces-new-questions-on-drones-87242.nbcnews. and resisted efforts by Congress and the courts to lift the lid on the secrecy.forbes.nytimes.com/article/index/239671/your-government-can-kill-you-if 383 http://www.377  New Republic.com/sites/gregorymcneal/2013/02/05/six-key-points-regarding-the-doj-targetedkilling-white-paper/ 375 http://www. about Congressional legislation which would strip away Civil and Internet rights.

reuters.nytimes.398 And of course.washingtonpost.html?_r=1& 395 http://www.392 the American Prospect’s Jamelle Bouie.com/sites/gregorymcneal/2013/02/05/six-key-points-regarding-the-doj-targetedkilling-white-paper/ 103 Located in my personal PC / Studies / Drones .com/blogs/post-partisan/wp/2013/02/05/justice-department-chilling-dronewhite-paper/ 402 http://www.com/article/SB10001424127887324900204578286432096035960.nationaljournal. many of which unfortunately mischaracterize it as a legal memo: the National Journal. writes over at the PostPartisan blog about the White Paper.com/roomfordebate/2013/02/05/what-standards-must-be-met-for-the-us-to-kill-anamerican-citizen?hp 399 https://www.402 387 http://www. the Washington Post’s Day Editor.huffingtonpost.html 389 http://www.html 398 http://www. I would like to see confirmation of that.com/2013/02/06/opinion/to-kill-an-american.guardian.388 Huffington Post.com/threatlevel/2013/02/legal-basis-killing-americans/ 392 http://www.397 and the New York Times Conversation.html?hp 400 OLC = US Department of Justice’s Office of Legal Counsel 401 http://www.com/2013/02/06/us/politics/obama-slow-to-reveal-secrets-on-targetedkillings. James Downie.com/nationalsecurity/how-the-u-s-determines-when-to-kill-one-of-its-owncitizens-20130205 The National Journal says it was the DoJ which leaked the memo.org/article/what-does-justice-department-say-about-targeted-killings 394 https://www.400 Hey.com/story/2013/02/obama-faces-new-questions-on-drones-87242.390 Wired.103 Drone Scribd 3/17/2013 1:24:30 PM Here are some articles on the White Paper.co.politico.washingtonpost. no coverage would be complete without a New York Times Editorial. Here’s one399.uk/commentisfree/2013/feb/05/obama-kill-list-doj-memo 396 http://www.html?mod=WSJ_Electi on_MIDDLETopStories 391 http://www.com/politics/justice-memo-details-broad-grounds-for-drone-strikes-againstqaida-linked-us-citizens-abroad/2013/02/05/aff49658-6fb9-11e2-b35a-0ee56f0518d2_story.391 U.nytimes. before I rely heavily on that assertion. saying that “there were not very many surprises” to those who’ve been paying attention to the administration’s remarks on the topic.wired.S.nytimes. at least it described the documents appropriately.com/news/articles/2013/02/05/leaked-memo-outlines-policy-for-killing-americanswith-drones 393 http://prospect. about the White Paper and its “coy” description of the underlying OLC memo.387 Politico’s Josh Gerstein.395 Reuters.com/2013/02/05/jay-carney-drone-memo-white-housereporters_n_2625080.usnews.401 He is quite unhappy: Greg McNeal boils down what he considers the key takeaways from the White Paper here.forbes.389 the Wall Street Journal.com/article/2013/02/05/us-usa-drones-idUSBRE9140X120130205 397 http://www.html 390 http://online.393 Scott Shane & Charlie Savage at the New York Times.396 the AP. 388 http://www.wsj.394 Glenn Greenwald at the Guardian. News and World Report.

and Scott Shane drawing the linkages.com/doc/83573212/The-Secret-Memo-That-Explains-Why-Obama-Can-KillAmericans 414 http://www. See my Drone Nations.html?hp 405 http://www.scribd.washingtonpost.E. 407 http://www.408 uploaded to Scribd by Del.nybooks.406 UNQUOTE More such links via Lawfare.thehollywoodgossip.scribd. Here’s a Times piece by Robert Worth.com/authors/free-britney/ 411 http://www.403 Some find significance in the timing of the White Paper’s appearance.414 403 http://www. will appear before the Senate later this week for his nomination hearing.scribd.com/doc/123949758/Justice-Department-memo-reveals-legal-case-for-drone-strikeson-Americans 409 http://www.com/blogs/defcon-hill/policy-and-strategy/281357-report-us-has-drone-base-in-saudiarabia Some of us know a lot more.412 Conor Friedersdorf wrote a 2 page article about this. NBC News. in 2011.com/Deletum7 410 http://www.com/blogs/nyrblog/2013/feb/06/drones-killing-made-easy/ OLC = US Department of Justice’s Office of Legal Counsel 404 https://www. or a similar legal memo.407 Scribd reports related to leaked memo (3 Feb 06) Michael Isikoff. John Brennan.405 Also note: now we know the location of the drone base from which the al-Aulaqi strike was launched–Saudi Arabia. Raise your hand if you think Brennan’s hearing will be even more unfriendly than Chuck Hagel’s.com/world/national-security/brennan-nomination-opens-obama-tocriticism-on-secret-targeted-killings/2013/02/05/8f3c94f0-6fb0-11e2-8b8de0b59a1b8e2a_story.404 and a Washington Post piece by Greg Miller and Karen DeYoung.scribd.com/thehollywoodgossip 413 http://www.scribd.com/SekundNayture 104 Located in my personal PC / Studies / Drones . wrote a 4 page article about it. National Investigative Correspondent. given that the “principal coordinator” of the Administration’s drone strikes. Mark Mazetti.com/2013/02/06/world/middleeast/with-brennan-pick-a-light-on-drone-strikeshazards.html?tid=pm_pop 406 http://thehill.104 Drone Scribd 3/17/2013 1:24:30 PM And David Cole has this New York Review of Books op-ed discussing what the white paper fails to address besides the legal framework that’s in the OLC memo.scribd.409 Free Britney410 wrote a 1 page article about it.nytimes. 413 uploaded to Scribd by Freedom of Speech.lawfareblog.Tum.com/doc/123960875/Kill-Americans-Memo-Can-US-Take-Out-Citizens-Abroad 412 http://www.411 uploaded to Scribd by The Hollywood Gossip.com/2013/02/todays-headlines-and-commentary-357/ 408 http://www.

without opportunity to defend self against the accusations. soon after I got a copy. where I quote what strikes my fancy. like they went after all the people who support Wikileaks? UNQUOTE Petitioning US government (3 Feb 06) Here is a petition asking President Obama for transparency in his targeted killing program. but will the government go after all the pundits and people talking about the contents.net/2013/02/04/this-isnt-the-memo-youre-looking-for/ 418 https://ssl.be https://www. in G+ threads.youtube. but if I understand it correctly. that this is a leaked government document. 415 416 https://www. this particular one has been mentioned in lots of news media.418 Inside Government commentary (3 Feb 06) The senior ethics lawyer for the US Air Force has a blog. cyber warfare.com/watch?v=lEJyFt0QuFU&feature=youtu. the war on drugs. It is pretty obvious. they also have to be high up in the leadership.com/aclu/issues/alert/?alertid=61029451&type=PR 105 Located in my personal PC / Studies / Drones . Someone may be prosecuted for leaking it. did a 16 year old boy really rise to that position? While most drone documents are mentioned in some activist forums.  2013 Feb 06 there is a post on the notion that maybe the USA needs to revise the laws justifying the US going to war against people.emptywheel. The legal geek is very high density.capwiz.youtube. they are saying that if a US citizen abroad can be accused of being in bed with the terrorists. the war on terrorism. QUOTE: I glanced over the white paper.be 417 http://www. and it has become too widespreadly distributed for the government to put the genie back in the bottle. as good stuff.105 Drone Scribd 3/17/2013 1:24:30 PM Bloggers on the leaked memo (3 Feb 07) Here are links to original sources. They not only have to be active there. I think that is long overdue.  Fight Freedom I Network on You Tube415  Rense Radio Network on You Tube416  The Empty Wheel417 Social Media reacts to leaked memo (3 Feb 06) Here is what I wrote about it.com/watch?v=Xo-BFjpmCH8&feature=youtu. considering drone attacks. to me. Which begs the question. with barely a ripple in the news media. then that justifies the US assassinating that person.

dodlive.S. that Congress is never supplied all that they ask for.lawfareblog.businessweek.com/politico44/2013/02/obama-reverses-course-approves-providing-legal-advice156326. They expect to see the info 24 hours before the hearings.419 White House caves under pressure (3 Feb 15) According to ACLU.html?hp=f2 423 http://www. Also it seems like they limited access to the politicians.aclu. It sounds like this will not stop Brennan nomination from being approved. comes on the eve of a Senate hearing on John Brennan’s nomination to serve as the next director of the Central Intelligence Agency.politico.424 The sharing of the information.com/2013/02/todays-headlines-and-commentary-359/ http://www. UNQUOTE Senator Ron Wyden (D-Ore. 419 http://afgeneralcounsel. two administration officials said Wednesday evening.425 .org/national-security/obama-give-doj-targeted-killing-memo-congressional-intelcommittees 421 http://www. Some senators had suggested that his nomination could be blocked if the administration was not more forthcoming. Note this is NOT to the general public. and other quazi militaristic scenarios. it sounds to me like the administration gave Congress some stuff.com/opinions/us-needs-rules-of-engagement-for-secretwarfare/2013/02/05/449f786e-6a78-11e2-95b3-272d604a10a3_story. often not against another nation state.421 Politico. citizens abroad.lawfareblog. welcomed Obama's decision but suggested more disclosure was necessary. of relevance to the candidate.washingtonpost.lawfareblog.423 QUOTE: President Obama has reversed course and agreed to provide the congressional intelligence committees with classified Justice Department legal advice authorizing the use of drones to kill U.com/articles/2013-02-14/drones-transparency-on-rules-for-their-use-is-a-must 424 OLC = Office of Legal Counsel 425 http://www.com/2013/02/white-house-to-hand-over-olc-memo-ontargeted-killing-to-congressional-committees/ 422 http://www.).mil/2013/02/06/time-for-a-new-statutory-framework-for-war/ http://www.106 Drone Scribd 3/17/2013 1:24:30 PM the war on drug cartels.lawfareblog.aclu.org/national-security/senators-should-dissect-brennans-role-targeted-killing-tortureprograms 106 Located in my personal PC / Studies / Drones .422 and other sources.420 Lawfare. 426 It has been a common practice with nominations from many Presidents.com/2013/02/brennan-confirmation-hearing-video/ http://www.html 420 http://www. it is only secret info to Congressional Committees who decide if Obama picks get their jobs. which lawmakers had long sought. but there’s lots Congress asking for that they have not got. not their staff. From articles I saw about the hearings.com/2013/02/todays-headlines-and-commentary-361/ 426 http://www.

nor international conventions adequately address the needs there.com/opinions/us-needs-rules-of-engagement-for-secretwarfare/2013/02/05/449f786e-6a78-11e2-95b3-272d604a10a3_story. We see how partisan Washington politics have become. Examples: there was a declaration for Vietnam. 427 2.washingtonpost. Modify rule-book for battle-fields (3 Feb 10) There are several areas in need of modification: 1. to meet new challenges.lawfareblog. and forms of review of the president’s actions. 427 http://www. There are an infinity of law suits over what the President’s men have been doing. Jack Goldsmith in Lawfare. or the series of intelligence reforms made after Watergate. The law suits are international. and we saw how contentious past conflicts have been with Bush spying on private conversations.mil/2013/02/06/time-for-a-new-statutory-framework-for-war/ 107 Located in my personal PC / Studies / Drones . UNQUOTE As usual. Iraq. it needs the support of the President and Congress. Administration. Congress does not like what the President is doing.com/news/2013-02-08/obama-s-drone-attack-on-your-due-process. without public scrutiny.bloomberg. instead of weakening either constitutions or international law.com/2013/02/u-s-needs-a-rulebook-for-secret-warfare/ 429 http://www. or even the 2001 authorization of force — to define the scope of the new war. For this to work. which has a chance of passing muster with US Congress. by either side.lawfareblog. and states on the edge of being failed states. Replace rule-book for secret wars (3 Feb 08) Inside the USA. You are in an area where there is a war going on. Fix that situation. Read the full story (see footnotes) for the full picture of what is proposed.dodlive.428 and Washington Post. but the borders with neighbor nations were not respected. Domestic law should not apply to the battlefield.107 Drone Scribd 3/17/2013 1:24:30 PM Proposed improvements in current reality (3 Feb 07) Some people are making proposals. Other nations are having similar hassles. with the war fighters spilling over into adjacent nations. and Court System. The legal and political foundation for secret war is weak. when there is no relevant declaration of war there.com/2013/02/more-interesting-commentary-on-targeted-killing-white-paper/ 428 http://www. and past presidents such as Iran-Contra. not officially part of the war. There are also places where there are civil wars. Neither domestic law. The ruling law should not be the Constitution of your home nation. the authorities and limitations on presidential power.html http://www. Afghanistan.html 430 http://afgeneralcounsel. I am excerpting to introduce a concept. The legal foundation rests mostly on laws designed for another task that government lawyers have interpreted. Define where there is a battlefield. and this goes back at least to Bush.429 says QUOTE:430 What the government needs is a new framework statute — akin to the National Security Act of 1947. it should be the Hague Convention (what the war fighters are allowed to do) and the Geneva Convention (the rights of civilians on the battlefield).

has spoken out. but not their staff … how serious is it if someone leaks this? 431 Federal Intelligence Commission (3 Feb 21) One proposal is an independent regulatory agency.108 Drone Scribd 3/17/2013 1:24:30 PM Revise System for Classifying documents (3 Feb 08) Perhaps we need a revised system for classifying documents … who may see . in hopes they won’t know their home or place of business now has bugs.fas. not render advisories.html?pos=adp 435 http://www.org/blog/secrecy/2013/02/brennan_perhaps.. and maybe timing the searches when no one is home.acus. very few people have knowledge of the workings of the FISA court. such as elected representatives. Once approved by the secret court. There is a proposal to have a similar one to review the justification for placing people on kill lists.435 One retired judge. This proposal has led to push back by many who propose alternatives. which they think would be better. FISC approves doing this without accused lawyers being in the know.lawfareblog.lawfareblog.mil/2013/02/20/yet-another-drone-oversight-proposal/ http://www.dodlive. 432 FISC for Kill List (3 Feb 21) There is a secret court to approve taking action against suspected terrorists. etc. It would be a way to approve / not approve who goes on a kill list. without going thru the due process for people accused of normal crimes.437 Our court system works when there is an 431 432 https://www. FISC = Foreign Intelligence Surveillance Court.com/2013/02/why-a-drone-court-wont-work/ 108 Located in my personal PC / Studies / Drones . justification for wire taps.433 With people accused of ordinary crimes. http://afgeneralcounsel. without further court review.436 to remind one and all that judges decide cases. or would work better.com/2013/02/carrie-cordero-on-fisa-court-lessons-for-a-drone-court/ 436 http://www.org/new_atlanticist/drones-and-law-restoring-checks-and-balances 433 http://www. their lawyers get to see search warrants.com/news/feinstein_tells_brennan_she_will_consider_judicial_oversight_for_drone222241-1.com/2013/02/context-for-judicial-oversight-of-the-targeted-killing-program-abrief-history-of-the-creation-of-the-foreign-intelligence-surveillance-court/ 434 http://www. via an agency Congress may have oversight role.lawfareblog. and foreign agents.. much as the Federal Election Commission is. the administration could kill them at its convenience.washingtonpost.434 Except for top administration officials and Congress. Members of the new FIC must be nominated by the president and must undergo Senate confirmation—thus allowing for congressional oversight of the FIC’s activities.com/2013/02/a-fisc-for-drone-strikes-a-few-points-to-consider/ http://www.lawfareblog.com/opinions/judges-shouldnt-decide-about-dronestrikes/2013/02/15/8dcd1c46-778c-11e2-aa12-e6cf1d31106b_story. with relevant experience.rollcall.html 437 http://www.html Some kind of judicial role in approving kill list decisions.

it really was news to them.lawfareblog.com/2013/02/still-more-drone-commentary-anthony-clark-arend-on-judicialoversight-of-drones/ http://anthonyclarkarend. and create a record for administrative investigations to improve the targeting identification.com/humanrights/judicial-oversight-of-drones/ 440 http://www. compensation. there are those who favor some place for alleged wrongful victims families and nations to seek identification of wrongful actions.lawfareblog.com/2013/02/aclu-opposes-fisa-like-judicial-review-of-drone-strikes/ 441 http://www.lawfareblog. There are also separation of powers constitutional issues.439 The ACLU is opposed to this idea. After Action Damages Court for Wrongful Victims (3 Feb 11) A before action court only addresses legitimacy of targeting this or that alleged enemy.440 The ACLU believes that extradition. Although damages court can never make victims whole. It does not address collateral damage of (a) you got the wrong guy (b) when the drone strike occurred. many Congress persons acted like this info was news to them.bbc. their existence would impose upon administration killing implementation.441 The Gitmo court cases demonstrate that the US court system is well able to balance what needs to be kept secret. which does not now exist.co. It is possible that for some. while seriously entertaining the grievances of alleged victims of administration errors in judgment.lawfareblog.uk/news/world-us-canada-21389200 109 Located in my personal PC / Studies / Drones .109 Drone Scribd 3/17/2013 1:24:30 PM adversarial relationship.438 Secret tribunals don’t work well when the government is able to keep secrets from defense and judges. Congress Public Fact finding (3 Feb 11) After the leaked memo was blasted all over the media.442 thinks of the protestors as a fringe group. There is lots of evidence Congress approves 100% what President is doing with drones.com/2013/02/why-a-drone-court-wont-work/ 442 http://www. is a better answer. a degree of accountability for prudent behavior. there were innocent bystanders Instead of court review of administration kill list.com/2013/02/neal-katyal-on-a-drone-national-security-court-within-theexecutive-branch/ 439 http://www. and they asked various administration officials for clarification. so no 438 http://www. and criminal prosecution of suspected terrorists. two sides arguing two view points. Different pundits suggest different mixtures of what belong in such a judicial architecture. whose vote is meaningless.

is not according to normal partisan political lines. Attorney General.1259993?localLinksEnabled=false&google_editors_picks=true 444 https://www.emptywheel. President. the Intelligence Community didn’t believe him to be operational. Cornyn: As Senator Durbin and others have said that they agree that this is a legitimate question that needs to be answered. and it hasn’t been provided. will you please tell us the legal authority by which you claim the authority to kill American citizens abroad?” It may be that I would agree with their legal argument. Mr. from what they say.445 Which Memos – many versions (3 Feb 07) The Empty Wheel points out. Mr. pretty please. said that she had been calling on the administration to release legal analyses related to the use of drones for more than a year. [my emphasis] It does not seem likely that this memo was used to authorize the attacks on Awlaki. But we’re not mere supplicants of the Executive Branch. We are a coequal branch of government with the Constitutional responsibility to conduct oversight and to legislate where we deem appropriate on behalf of our constituents. However. 2009.fas. “pretty please. at that 443 https://www. John Cornyn said this. and that her committee is seeking additional documents. because when they first tried to kill him on December 24.110 Drone Scribd 3/17/2013 1:24:30 PM need to pay them any mind. the Democrat who chairs the Intelligence Committee.org/blog/secrecy/2013/02/leak_boosts.nydailynews.html 445 http://www. which are believed to remain classified.com/article/2013/02/05/us-usa-drones-idUSBRE9140X120130205 446 http://www. it is evident that politicians in favor of drones vs.com/news/politics/drone-strikes-washington-debates-oversight-article1.reuters. So it is insufficient to say. QUOTE446 Just minutes after Pat Leahy reminded the Senate Judiciary Committee they got the white paper at a hearing last August.net/2013/02/04/this-isnt-the-memo-youre-looking-for/ 110 Located in my personal PC / Studies / Drones . but I simply don’t know what it is. wanting changes. Senator Dianne Feinstein. 443 According to Reuters.444 Feinstein said the document obtained by NBC had been given to congressional committees last June on a confidential basis.

still keeps asking this question.net/2012/07/25/what-was-the-evidence-supporting-the-first-strike-on-anwar-alawlaki/ 448 https://www. It ends with some specific questions. which the administration is frustrating. or the President’s Commander-in-Chief authority? UNQUOTE Wyden asks Brennan (3 Feb 19) 2013 Jan 14.wyden.gov/news/press-releases/wyden-statement-on-dojmemo-on-the-killing-of-americans-during-counterterrorism-operations 450 http://www.111 Drone Scribd 3/17/2013 1:24:30 PM point. and the Justice Dept. Congress. Senator Ron Wyden wrote a letter to Deputy National Security Advisor John Brennan448 asking about US administration justification to kill Americans using legal opinions kept secret from Congress.blogspot.447 according to the knowledge the government had at that time. where he says Congress has not yet received satisfactory answers. dating back several years. He says the situation is unacceptable.senate.wyden. who has gotten this white paper. More importantly.1236893?print http://cobbnewsandtech.gov/news/press-releases/wyden-statement-on-doj-memo-on-the-killing-ofamericans-during-counterterrorism-operations I copied image of the questions attachment.html http://www. Ron Wyden. He also talks about the revelation that the CIA had repeatedly provided inaccurate information to the White House.thedailysheeple. Is the legal basis for the intelligence community’s lethal counterterrorism operations the 2001 Congressional Authorization for the Use of Military Force.449 In his letter.com/opinion/pull-back-curtain-drones-article-1. after his experience running the Drone Killing program out of the White House.com/2013/02/the-drone-threat-to-americans-on. one question that Wyden keeps asking would be nonsensical if he believed the content of this white paper reflected the actual authorization used to kill Awlaki. Wyden questions (3 Feb 06) Senator Ron Wyden ends his letter to John Brennan with some questions about his nomination to take over the CIA. and wants to know what’s going to be done about that. 111 Located in my personal PC / Studies / Drones .nydailynews.senate. He has obligations.emptywheel.com/the-drone-threat_022013 449 I downloaded it from http://www. Awlaki would not meet the three criteria laid out in this [leaked] memo. he lists prior instances of similar questions to US administration officials for similar information. QUOTE450 447 http://www. under his oath of office.

politico.html I did not see any copyright notice.scribd.pdf thanks to: https://www. I wrote the following summary description: 451 I found it here: https://www. so I uploaded a copy to Scribd: http://www.451 When I uploaded a copy to Scribd.fas.html 112 Located in my personal PC / Studies / Drones .com/doc/124071124/Congress-ask-why-US-kill-Citizens-2013-Feb Note that the 11 consist of 8 Democrats and 3 Republicans. http://www.fas.org/blog/secrecy/2013/02/keeping_secrets.112 Drone Scribd 3/17/2013 1:24:30 PM UNQUOTE 11 Senators ask President Obama (3 Feb 07) 2013 Feb 4.org/irp/congress/2013_cr/olc-lethal. Eleven Senators wrote a letter to President Obama.com/blogs/under-the-radar/2013/02/senators-ask-obama-for-legal-opinions-okingdrone-156084.

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Some US citizens have joined alQaida, or other organizations, which the USA is at war with. The US administration has documents justifying when people, suspected of doing this, may be assassinated by the CIA or US military. Various news media and legal activists have sued under FOIA to see those documents, but the US has asserted they are military secrets. Now here come 11 US Senators asking to see this info. The senators agree that when US citizens take up arms against the USA, like some did during the US Civil War, there will be circumstances where the President is justified in ordering US forces to attack those individuals. But they believe that Congress has the right and obligation to oversee the basis for such Administration decisions. They cite particular documents and authorizations they have requested from specific government agencies, which they say have not yet been supplied to Congress. It is important to clarify these issues, to avoid excess confrontations when the Senate votes on the President’s nominees for the agencies which carry out these targeted killings. The Empty Wheel points out, QUOTE452 There are just 11 Senators on this list:
          

Ron Wyden (D-Ore.) Mike Lee (R-Utah) Mark Udall (D-Colo.) Chuck Grassley (R-Iowa) Jeff Merkley (D-Ore.) Susan Collins (R-Maine) Dick Durbin (Ill.) Patrick Leahy (D-Vt.) Tom Udall (D-N.M.) Mark Begich (D-Alaska) Al Franken (D- Minn.)

And just three of these — Wyden, Mark Udall, and Collins — are on the Intelligence Committee. That’s not enough to block Brennan’s confirmation. But it may be enough to block Hagel’s confirmation, given all the Republicans who are opposing him. 9 of the 11 Senators453 who demanded the memo have seen this white paper (all but Tom Udall and Jeff Merkley are on either the Senate Intelligence of Judiciary Committee). Yet they’re still demanding to know
452 453

http://www.emptywheel.net/2013/02/04/this-isnt-the-memo-youre-looking-for/ http://www.emptywheel.net/2013/02/04/white-house-still-witholding-targeted-killing-memo/

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the “executive branch’s official understanding of the President’s authority to deliberately kill American citizens.” UNQUOTE It surely sounds like this leaked memo is not what Congress really got to see back in June 2012, or there are memos far more substitutive, that Congress has found out about, wants, are not getting. Several members of Congress have made statements about this letter, and the circumstances which led to it:  Senator Grassley454  Senator Ron Wyden455

Wyden asks Holder (3 Feb 06)
2013 Feb 8, Senator Ron Wyden sent a letter to Attorney General Holder asking about US administration justification to have laws and legal opinions kept secret from Congress, in particular those associated with the killing of Americans, with no accountability, no transparency, no court review. He asks a lot of questions about these policies which have been kept secret from Congress. 456 He refers to situations dating back several years, where administration officials had claimed things, he had asked for clarification, and been told he could not have it. It is unacceptable that the administration states they have the legal authority to do things, while keeping the details secret from Congress. QUOTE457 How much evidence does the President need, to decide that a particular American is part of a terrorist group? Does the President have to provide individual Americans with an opportunity to surrender, before using lethal force against them? Is the President’s authority to kill Americans based on authorization from Congress, or his own authority as Commander in Chief? Can the President order intelligence agencies to kill an American who is inside the United States? What other limitations or boundaries apply to this authority?
454 455

http://blogs.press-citizen.com/2013/02/05/2243/ http://www.wyden.senate.gov/news/press-releases/wyden-statement-on-doj-memo-on-the-killing-ofamericans-during-counterterrorism-operations 456 http://www.wyden.senate.gov/news/press-releases/wyden-statement-on-doj-memo-on-the-killing-ofamericans-during-counterterrorism-operations 457 http://www.wyden.senate.gov/news/press-releases/wyden-statement-on-doj-memo-on-the-killing-ofamericans-during-counterterrorism-operations

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Americans have a right to understand how the US government interprets the statement in the Bill of Rights that no American shall “be deprived of life, liberty, or property, without due process of law” with regard to operations against suspected terrorists. UNQUOTE

Congress Prior Knew (3 Feb 06)
Here is a summary of what I believe Congress persons knew about this info, before the memo got leaked, and the media storm began. 2010 April, Congress House of Representatives held a hearing on the topic of the legality of drones being used to target the killing of people.458

How Know Who is Enemy? (3 Feb 10)
In my opinion, this drone controversy would be 1,000 times smaller, if it was not so obvious to the whole world, other than US administration, that the drone targeted killing is going after so many totally innocent people. I attribute reasons for innocent people dying to several causes, including:  Culture clash of civilizations, where US military officers, raised in Western world do not recognize reality of tribal and other cultures, so that activities in areas where we are fighting AlQaeda which are perfectly normal there, are seen by US military personnel as suspicious, and thus legitimate targeting.  Methodologies by which we get military intelligence on legitimate targets, often come to us from allies who have their own disputes, we were not involved with, but now that they are mislabeling their enemies as our enemies, that has embroiled us in a civil war, in which the other side in the war with our allies, has now been pushed by the drone war, to become allied with AlQaeda against us.  Drones which target private homes, are not linked with thermal imaging to see that this or that home also contains 10 children, babies, so the folks pulling the trigger have the option of saying “We do not want to kill and maim a household of children, let’s postpone our assassination of the enemy person who just went into that house.”  US leadership personnel needs to have a good understanding of civil liberties, both domestic and international, how to get good security, and technology. Often we get none of the above. One way the lack of good technology manifests itself is deploying thousands of easily hackable drones, so whatever new weapons technology we develop, it is in our enemies hands almost immediately after we
458

Here are links to 75 page transcript of that hearing. It is public domain. It is House Hearing Transcript 111-120 or PDF 64-922. Abstract Summary = http://www.hsdl.org/?abstract&did=5044 Full 2 Meg Transcript = https://www.hsdl.org/?view&did=5044

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not just my excerpts. when they get onto the other side. read the whole thing. then Pakistani police could have consumer electronics which say “I am a Pakistani policeman” only when on the person of that officer. military intelligence. unconventional enemies rely on the exact opposite: our inability to even identify their capabilities will enable them to achieve their objectives. QUOTE:460 What actually is the threat identification criteria relied upon to justify the killing of a human being who. are about loss of constitutional rights for US citizens at time of war. which they do not. Disclosing this information may help this enemy understand exactly how we identify who to target and when and where to do so.116 Drone Scribd 3/17/2013 1:24:30 PM deploy it. so that drones would not be killing them. UNQUOTE As usual. Other people are doing a great job exploring this issue of how do we know who really is our enemy. for some great material! American Civil War precedent (3 Feb 11) The leaked memo. Conventional enemies rely on their capability to gain advantage over our forces. and the notion that nationality should not confuse military battlefield logic. in this regard. Geoffrey Corn writes. which would have enabled them to make it that much harder for our forces to prevail. such as Japanese Americans in WW II. If today’s military and intelligence community had competent cyber security. is broken. that in my opinion. Another consequence of this is the inability to do friend-foe recognition. legitimate targets. or falsely accused of being on the other side. Where I had been writing.edu/faculty/Geoffrey_Corn.lawfareblog. no matter how dangerous intelligence indicates he may be. which in turn will enable the enemy to adjust its conduct to avoid that outcome.htm http://www. It is of some historical interest how such people were treated in previous US wars. won’t be sitting in a T-72 tank in the Fulda Gap? There is a rational reason why such information should not normally be publically disclosed.459 in Lawfare. 459 460 http://www. just because the US military sees somebody in a village who is armed. so the war fighters could distinguish our guys from the other guys. and the many administration speeches before it. in essence. other people use the better terminology of threat identification.stcl. be analogous to having shared with our Soviet enemy the exact details of how our forces identified their key tactical vulnerabilities.com/2013/02/geoffrey-corn-guest-post-on-the-drone-white-paper-and-threatidentification/ 116 Located in my personal PC / Studies / Drones . It would. there were id-signallers attached to the tanks and other vehicles of the many nations in the coalition. In the First Gulf War. blowback from killing the wrong guys.

territory.mil/2013/02/11/the-white-paper-and-the-civil-war/ http://www. and any right to protection of the courts of the United States (a categorical exclusion from the Constitution’s protections). and When we found out. which I have located so far.117 Drone Scribd 3/17/2013 1:24:30 PM Charles A. which I increment as I replace with re-writes.S. thanks to publication of Key documents. lacked any protection from the Constitution or other domestic law. QUOTE461 Over the course of the Civil War. In parentheses after each chapter heading is date in format (Year Month Day) when I last updated the contents of that chapter. This helps correlation of conflicting info sources. UNQUOTE Al Mac Research split (2 Oct 11) My drone documents are named with a version #. Under well-established prior law. downloaded some. 462 Drone Issues = A summary of what the controversial problems appear to be. which was growing excessively large. United States Air Force. and all enemy alien combatants no matter where located or domiciled. in my further research. during the American Civil War. and-or links to what the facts may be. General Counsel. People with an earlier edition can see what has been updated since they last got a copy.dodlive. These indicate either identification of a controversy. comments in his Blog. and so residents of the Confederate States of America were still U. Blanchard.lawfareblog. I have now split them into the following: Drone Dates = Time Line Calendar of Dates of What Happened in Drone usage History. about points made by Fordham Professor Andrew Kent writes on the US constitutional status of civilians residing in the Confederate States of America. all my notes on Drones were in one document.com/2013/02/andrew-kent-on-the-white-paper-as-a-plus-for-civil-liberties/ 462 Drone Reports is a directory of major sources of info.S. the Supreme Court. These indicate chapters with specifics on counts of people killed. Formerly. for military purposes residents of the CSA would be treated as de facto enemy aliens (noncitizen nationals of a country at war with the United States). citizens living in U. Some chapter headings end in an exclamation point. 117 Located in my personal PC / Studies / Drones . then participate in the political debate over what 461 http://afgeneralcounsel. Other symbols may be added later. even though secession was illegal and null. Some chapter headings have a number # sign at the end. reasons we need to figure out what is happening. nonresident alien enemies. Executive and Congress all came to agree that.

which later may be split again. since directory of sources has moved to Drone Reports. In time. I expect this list to grow.118 Drone Scribd 3/17/2013 1:24:30 PM should be happening. where drones are in use. which was not able to hack it down. depending on how you want to count them. Drone Log = Al Mac tracking overall collection of Al Mac Drone documents. 11 nations do not have their own drones. That’s 84-97 nations with drones. o Statistics on numbers of innocent bystanders killed. with over 900 different models total. and need to be investigated. being used by military. When Iran did a hack down of a US drone a while back. and more info. 463 o Hundreds of USA locations. will be in my other drone documents. being manufactured. which I saw on this. and numbers of enemy targets.  Here you can find: o Links to where I get this info. and use drones to attack one another. Drone Notes = my main overall document. not necessarily of same nation. including official sources. 118 Located in my personal PC / Studies / Drones . There’s several nations (like Iran and Israel) which both make drones. 463 Now just footnote citations. many people thought it was a fluke. clarified. o Technology advances. and my effort to correlate mismatches between different sources. 2 nations do not have their own drones. This shows that Iran has become a leader in cyber wars. and many of them exporting to other nations in the world. says that 50 nations are manufacturing drones. but other nations base their military drones there. We see many articles claiming drones are in 40 or 50 nations. changing nature of Drone Capabilities. hacked. With each nation listed. 84 nations have their own drones. so they shot it down. Drone Nations = A list of nations where drones are operating. for other people. but in Oct 2012: an Iran-built drone flew over Israel. I have footnotes with links to examples of how drones are being used in that nation. purchased. some imported. and we found out about them due to drone crashes there (one of my sources is a directory of 100 drone crashes where). primarily for personal convenience … this info will be least interest ing part of the collection. Political Complications. o Legal complications. some manufactured domestically. The last relevant GAO report. those concerns belong in the directory. they may be mistaken. Some of the things people believe about drones. with multiple links cited on what each nation is doing with drones. Drone Nations is a directory of nations with drones. but are the targets of military drone action. crashing. export drones commercially. the sophistication of the drones.

 By end of Sep 2012. with Google Drive Documents. address gaps in their presentations. where I look into what the heck happened to cause various disasters.scribd. what seemed to me to be errors of fact. which also includes many official documents from government and other sources.com/AlMac99 119 Located in my personal PC / Studies / Drones . here you can locate what I have uploaded there so far. Drone Terms = Glossary of Terminology. relevant to the picture(s) painted by these Scribd reports.google. not just on Drones. and connected to me: http://www. If you are on Scribd. relevant to my Drone research so far.com/AlMac99 https://docs. which have led to some non-drone content.467 It includes a spectrum of research into many different topics. where I have collection = Drone Info.scribd. Drone Research Sharing Sites (2 Oct 09) Many places on the Internet. to get at my Drone Info466 Google collection. and stimulating Scribd articles and documents on Drones. I also try to provide a road map to other sources I have found.  Also see Drone Notes.com/folder/d/0B9euafJH4b-ZLWR0bmZLS3d5OVk/edit I also have a Google Drive Doc Collection = Disaster Avoidance. For more details. but some people are nervous about personal info which must sometimes be divulged to do so. Concepts etc. before I started the Drone Scribd focus. I cite sources to complete the story. which have come up in my drone research. or incomplete pictures.464 Then I started reviewing them. interesting. In theory. I have also encountered some parallel tales of alleged official misconduct. to access info there.com/folder/d/0B9euafJH4b-ZLWR0bmZLS3d5OVk/edit 466 Google Drive Document Collection = Drone Info: https://docs.linkedin.  So in addition to my summary observations on many Scribd info sources about Drones. Acronyms.google. we must register with the site. with my Drone Dates + Issues + Log + Nations + Notes + Reports + Scribd + Terms. which contained this same kind of research material. distortions. it had grown to 750 acronyms. to help authors.com/in/almacintyre 464 465 http://www. terms.119 o Other topics. which lists many educational.com/folder/d/0B9euafJH4bZMTA0YTM0YzktNTI0YS00NjVhLTg5NTItY2RiZjhiM2MzODkw/edit 467 http://www. and concepts defined. in many cases I do not yet have all the answers I desire. https://docs. If you are on Linked In. various proposals to be better prepared for better response.465 all you need is the url in my footnote link. and what is in Drone Log.google.scribd. see Al Mac Shared Research section. at end of Drone Notes document. Where I found. of the other efforts. Drone Scribd 3/17/2013 1:24:30 PM Drone Scribd = I created a Drone Info collection on Scribd.com/collections/3807680/Drone-Info at http://www.

com/ http://haitirewired. I have not uploaded all the same ones to all the above collections.yahoo.8 120 Located in my personal PC / Studies / Drones . including Drone Info.com/profile/AlisterWmMacintyre Haiti Research shared with / posted at http://www.linkedin. for various reasons. I have Drone Sources sub-folder.com/in/almacintyre also on Facebook (may be leaving FB) http://emergencysociety.haiti. I have a growing collection of documents on drones downloaded from a multitude of official sources. so care should be followed downstream. showing when I last added anything to a chapter. Within the Linked In Box Net Drone Info folder. in addition to the hints implied by chapter headings with date in parentheses. Where has there been the most significant growth. to help improve overall organization. may adjust their naming after doing so.org/ and http://groups.com/profile/AlisterWmMacintyre http://rebuildhaitibetter. such as an additional citation? Note that I also periodically move some chapters from one split area to another. Some I have not yet studied. welcomes other people to download copies of Al’s work.120 Drone Scribd 3/17/2013 1:24:30 PM then you can access my Linked In Box Net shared document files. to make the content clearer.ning.com/u/0/108007903544513887227/about http://www. Alister Wm Macintyre.  2012 Oct-17 Issues V 4. in selecting where to reuse the material. with copies of various official documents from my collection. Contacting author (2 July 10) When searching for me: Alister William Macintyre = my full name (Wm for middle “initials”) Al Macintyre = name I have used during most of my career Macwheel99 = e-mail handle (Mac-Wheel is a “play” on Surname) Macwheel98 = a few places where they messed up my access as Macwheel99. AL MAC = sign-on name – work place computers AlMac99 = user-id – when joining places where function of user-id unclear to new users Here is how to get a hold of me via various social media.prizm. For some the copy-right permission to re-share them is murky. That folder contains my Drone Dates + Issues + Nations + Notes + Scribd + Terms. as some sub-topics become more important.google. I have folders for many topics. https://plus. so I opened new account with this count down. but warns that different cited sources have different attribution and copyright restrictions. The Author of this research. There.wired.com/group/HaitiDisasterRecoveryResearch/ Revision History (2 Oct 19) Here is additional aid for people revisiting my notes.

but the major addition was my argument that: o Given that there is ample evidence Congress is doing drone oversight.66 with Legal Issues added. apparently not on the radar screens of the people in charge of National Defense. 206 footnotes. 122 foot. split planned. thanks to key publications. 380k Doc. and correlations from multiple reports. maybe in Drone Reports. I also have some reviews there.75 with Hezbollah Drone over Israel.62 started with: 29 page. that concern many people. the latest on International Law. o This is time line calendar of what allegedly happened when. how we found out. Latest review: UN report on legalities of targeted killing. 2012 Oct-11 Scribd V 4.  6 suggested key education  44 drone downloads  7 Scribd mentioned  6 National Security  10 More 2012 Oct-10 Issues V 4. 2. Targeted Killing. 2012 Oct-13 Nations V 4. 2012 Oct 10 Reports V 4. o Scribd did not get copy of this. Doc 690k. In this stage of development of my notes. o V 4.2 shared 52 pages. including some of mine. UN Charter.1 Terms. 110 foot. I am undecided where it belongs. towards the end is what I have figured out which disturbs me greatly about the nation’s vulne rability to a great spectrum of threats. 470 foot. because I am concerned about    copyright associated with some heavily used sources. o It is wrong for people to call upon Congress to do oversight of drones. 2012 Oct-9 split Drone Dates from Drone Notes. 1. o Now 46 docs in Scribd Drone Info collection. so far. in V 4. worth exploring and figuring out. o Lots of minor changes.26m Doc. o o o o  121 Located in my personal PC / Studies / Drones . o V 4.121 Drone Scribd 3/17/2013 1:24:30 PM    o Where the beginning is a list of issues. Road map to rapid Drone Education is now in Terms and Scrib.78 = 870 acronyms and concepts defined o Additions to: GPS Spoofing. 180k PDF. o 830 acronyms and concepts defined.7 shared: 20 pages.1 shared 138 page. of key docs I not yet found on Scribd.72 shared: 60 pages.7 listed: 67 documents referenced. 620k doc. when they came out. I have reviewed 13 of those docs. 400k PDF. 284k Doc. 2012 Oct-16 Terms V 4. PDF 447k.2m PDF. and serious holes in what passes for privacy protection for the people. 280k PDF  2012 Oct-8 Scribd V 4. 2012 Oct-7 Terms V 4. I explained Manchurian Chip. o While at the same time try to explain why I think Congress should get an F grade for the quality of this work. plus my 8 splits. 236 foot.

8 shared 16 pages. 480k doc. 2012 Sep-6 I split Drone Scribd separate from Drone Notes. intended to review individual docs there. where sometimes they crash. what exists so far through International Law courts.7 Scribd uploaded 23 pages. which can change rapidly as we have seen with Iran taking down a US drone. 240k PDF.  Drone Wars UK Briefing. but due to my uncertainty about their copyright constraints. o 76 nations known to GAO … I reconcile this. o I had started a Drone Info collection on Scribd. o I first reviewed 2 docs on police use of drones.122 Drone Scribd 3/17/2013 1:24:30 PM o Latest focus = need for innocent victims to have remedy alternatives. GAO was not counting nations where they being attacked by drones. in Drone Notes. 100 footnotes.8 Scribd shared 39 pages. which have not yet made it into the complete Terms collection. 114 foot. o Now 34 docs in Scribd Drone Info collection. and FOIA requests.  2012 Sep-30 Nations V 3. 305k doc. o I had now reviewed 12 of those docs. including  ACLU lawsuits.0 shared 50 pages. with what I learned from them. 140k PDF. more than double size of initial launch. I had not uploaded these others to Scribd Drone Info collection. 575k Doc. o 85 nations & regions identified as having drones operating.0 Terms. o Scribd Acronym section may have some additions. GAO also not counting nations. 274 foot. o Now 35 docs in Scribd Drone Info collection. on behalf of allegedly innocent people killed by US drones. a consolidated reference in the front. outside areas where any war declared. 575k Doc. used as bases for other nations military drones. o 520 acronyms and concepts defined. o Initially I found 19 docs for Scribd Drone Info collection. international law within national legal systems. and who never had access to due process.  I had previously reviewed many more docs on this topic.  Drone Scribd started early 2012 Sept (2 Oct 15)  2012 Sep-9 V 2. correlate the value of their information. 325k PDF. 270k PDF. then exporting the technology. o There has also been growth in Issues. and Corrections. but not yet have their own. since many docs shared similar needs. o Instead of Acronym section by document being reviewed. o I had now reviewed 9 of those docs. I see a need to correlate what I have   122 Located in my personal PC / Studies / Drones . and whole Human Rights area. 2012 Sep-15 Terms V 3. in V 3. 160 footnotes. the newest 3 on International Law. 2012 Sep-7 V 2. reverse engineering it.

o I had separate sections with citations to factual corrections. via social media.123 Drone Scribd 3/17/2013 1:24:30 PM learned from multiple sources.4. at time of initial split. many friends had shared random links. I started this research. in V 2. so if authors. as I try to figure out how to cope with that mushrooming size. o These other documents. o With later splits. That may belong in the factual corrections section of Drone Scribd.  2012 Sept-3 I split Drone Terms separate from Drone Notes. into a factual package of what we know so far. o Prior to the start of this document. Drone Terms became the largest document in my collection. accepted the validity of my corrections. This became an effort to put the many links and contexts into a more coherent package. of the other reports. also resulted in additions for my Issues section of Drone Notes. so its revision history will stay with Drone Notes. with possible updates to Drone Issues. to disturbing stories about drone trends. o 265 acronyms and concepts defined. 2012 May.  123 Located in my personal PC / Studies / Drones . crosspointing appropriately. plus some more stuff into Drone Terms. they could use info at those citation links in drafting future improvements of their own documents. as I went thru them. for the time being.

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