The cost and consequences of exposing the drone wars

As secret and unaccountable US and British drone strikes continue in remote corners of the globe, closer to home (but firmly behind closed doors), the drone industry continues to research and develop a drone-filled future.

Bristol billboard exposes drone conference

Over the past couple of weeks, protesters in the UK and the US have gathered to turn the spotlight on the increasingly secret use and development of armed drones. In Bristol, at the beginning of April, the great and good of the drone industry came together at the Annual International UAV Conference to be met with a good-natured, noisy protest.  Meanwhile, across the Atlantic at the Creech Air Force base, members of the faith-based group Nevada Desert Experience delivered an ‘Indictment for the Violation of Human Rights’ to the commander of the base.  At each demonstration protesters were arrested and jailed.

But it’s not just protesting against the drone wars, that can bring serious trouble.  Pakistani human rights lawyer Shahzad Akbar, who represent victims of US drone strikes in Pakistan is being denied a travel visa  to enter the US to speak at a conference organised by Code Pink and others. Speaking from Pakistan by telephone, Akbar told the Guardian:

“Denying a visa to people like me is denying Americans their right to know what the US government and its intelligence community are doing to children, women and other civilians in this part of the world. The CIA, which operated the drones in Pakistan, does not want anyone challenging their killing spree. But the American people should have a right to know.”

Abdulelah Haider Shaye in court detention cell

However it is Yemeni journalist Abdulelah Haider Shaye who is suffering the most for exposing the drone wars.

In 2010 Shaye revealed that an airstrike that took place in al Majala, Yemen in December 2009 killing 14 women and 21 children was launched by US drones, not the Yemeni air force, thus embarrassing both the Yemeni and US authorities.   Later, Shaye  also interviewed AQAP leaders including Anwar Al-Awlaki challenging them about their methods.

In August 2010, Shaye was kidnapped from his house by Yemeni security forces and disappeared for a month.  He turned up in detention after being beaten and was sentenced to five years imprisonment for associating with terrorists.  Amnesty International and other human rights groups have campaigned for his release, and it looked as though in February 2012 he was about to be freed.  However a few days before Ali Abdullah Saleh, was forced to about to step down as President,  Obama called him to “express concern” at the news that Shaye was about to be pardoned.  Shaye release was immediately halted and he remains in prison. For more on this case see detailed report by Jeremy Scahill  and this excellent film byAl Jazzera.

Exposing the rise of the drone wars is increasingly becoming the task of our times. But it can be a risky business.

Europe’s silence on US drone targeted killings

The following is excerpted from a new briefing written by Nathalie Van Raemdonck of Istituto Affari Internazionali‘Vested Interest or Moral Indecisiveness? Explaining the EU’s Silence on the US Targeted Killing Policy in Pakistan’ explores the US policy of targeted killing and the EU’s (lack of) response. 

Click to download full briefing

When the United States and the European Union committed to cooperating more closely in the fight against terrorism in 2004, they took special care to emphasise that they would act in keeping with the rule of law and international law.  Accordingly, the EU has an obligation in this engagement to examine those practices – including drone strikes – that raise serious concerns as to their  compatibility with international law, and to ask the US for more information about the specifics of targeted killing.

Members of the European Parliament (MEPs) have reminded the European Commission of this obligation with parliamentary questions, requesting the EU to ask the US for the legal basis of this tactic. On 16 January 2012, a written declaration was issued by a group of MEPs urging the EU to commit to ensuring that states publish their criteria for combat drone operations, and in the event of unlawful killing, measures be taken against the perpetrators.

However, neither the European Commission in the form of the High Representative (who is also the Commission’s Vice President) nor the Council have thus far released any statements on this subject. This is striking, as the Council has been quite vocal on the matter on other occasions, notably on the targeted killings carried out by Israel in the Occupied Palestinian Territories (OPT).

When confronted with this discrepancy, EU officials vaguely reply that the European Council has been in an ongoing debate with the US about how to forge a durable framework to combat terrorism within the rule of law since 2004. Yet, no opinions are expressed on the legality of the practice, and no statements have been made by EU officials on future developments. Apparently questions are being asked on the lack of transparency of this tactic, but no publicly known results have so far been shown.

It is not only the EU institutions that have failed to make their voice heard on the issue of drone strikes. The member states have generally followed a similar pattern. Nonetheless, while very few words have been uttered by individual countries, the positions of at least some EU member states can be gauged by their actions.

Germany, for instance, has been refusing to provide the US with intelligence that would lead to the killing of suspected terrorists since a 2010 drone attack in Pakistan killed a German citizen, who was an Islamist but no militant. The Germans have since agreed to provide the Americans with information “for intelligence purposes only” that can be used exclusively to arrest suspects, since the German government does not want to be perceived by the public opinion as being co-responsible for US targeted killings.

On the opposite end to Germany, one can perhaps put the United Kingdom. Although six British nationals having been killed by US drone strikes in Pakistan, the British government has continued to provide the US military and the CIA with support and intelligence. The Foreign Office has said in the past that it was “looking into the reports” of the killings, but so far none of these deaths have been investigated by UK authorities.  The UK is itself using armed drones in Afghanistan. Just like the US, the UK releases little information about the way in which these drones are used. Read more

Legal action initiated in UK as drone strikes continue in Pakistan, Yemen and Gaza

It was announced yesterday that a legal proceedings will be initiated in the High Court in London to challenge British complicity in US drone strikes in Pakistan.

Reprieve together with Leigh Day & Co, acting on behalf of the family of Malik Daud Khan, one of 40 people killed in a CIA drone strike on a tribal gathering in North Waziristan in March 2011, are suing Secretary of State for Foreign Affairs, William Hague over British intelligence agency support for the strikes. Richard Stein, Head of Human Rights at law firm Leigh Day & Co said:

“We believe that there is credible, unchallenged evidence that the Secretary of State is operating a policy of passing intelligence to officials or agents of the US Government; and that he considers such a policy to be “in ‘strict accordance’ with the law”. If this is the case the Secretary of State has misunderstood one or more of the principles of international law governing immunity for those involved in armed attacks on behalf of a state and/or the lawfulness of such attacks; and his policy, if implemented, involves the commission of serious criminal offences by employees of GCHQ or by other officials or agents of the UK Government in the UK.”

So far the Foreign Office has yet to respond. Meanwhile drone strikes have continued in Pakistan and elsewhere over the past weekend.

On March 9th between 8 and 12 people (reports vary) were killed in a US drone strike in South Waziristan.  Yemeni officials and local witnesses also reported US drone strikes on Friday in Baydar, in the South of Yemen and again on Sunday in Jabal Khanfar. US military sources however refused to comment on these drone strikes .

At least 20 Palestinians, including a 12-year old boy have also been killed in Israeli airstrikes on Gaza over the weekend. On Friday Israel carried out the ‘targeted killing’ of Zuhair Al-Qaissi, the leader of the Popular Resistance Committee (PRC). Two other people were also killed in what witnesses said was a drone strike although this has not been possible to confirm. Responding to the Israeli targeted killing, rockets were fired at Israel which led to further Israeli airstrikes, which are continuing.  Israeli drones are reported to be carrying out some of the airstrikes.

Drone lobby cracks open US skies – will it happen in the UK?

The drone lobby in the US has had a stunning success in pushing its agenda of enabling unmanned drones to fly freely in civil airspace.  The Federal Aviation Administration (FAA) Bill has been passed by both Senate and Congress and now simply awaits President Obama’s signature before becoming law.  The bill sets a deadline of 30 September 2015 by which the FAA must allow “full integration” of unmanned drones into US civil airspace

This deadline, along with several other provisions were pushed by the US drone lobby group, Association of Unmanned Vehicle Systems International (AUVSI).  In fact AUVSI boast on its website about helping to draft some of bill

Given that there is as yet no proven technology that would allow drones to ‘sense and avoid’ other aircraft, the deadline of just 3½ years before full integration is either incredibly ambitious – or just plain foolish.  Already pilots are expressing their disquiet as Business Week reports:

Commercial airlines and pilots are less than thrilled with the idea of sharing the sky. They point out there’s no system that allows operators of unmanned aircraft to see and steer clear of piloted helicopters and planes. Nor are there training requirements or standards for the ground-based “pilots” who guide them. It’s also not clear how drones should operate in airspace overseen by air-traffic controllers, where split-second manoeuvring is sometimes required. Until unmanned aircraft can show they won’t run into other planes or the ground, they shouldn’t be allowed to fly with other traffic, says Lee Moak, president of the Air Line Pilots Assn.  

Privacy issues also seem to have been ignored by the bill (and AUVSI, naturally).  Hours before the bill was passed Jay Stanley of the ACLU urged Congress

“to impose some rules (such as those we proposed in our report) to protect Americans’ privacy from the inevitable invasions that this technology will otherwise lead to. We don’t want to wonder, every time we step out our front door, whether some eye in the sky is watching our every move….  The bottom line is: domestic drones are potentially extremely powerful surveillance tools, and that power — like all government power — needs to be subject to checks and balances.”

Despite these safety and civil liberties concerns, thanks to the drone lobbyists thousands of drones will soon be flying in US airspace.  The question then is could it happen here?  Will unmanned drones be allowed to fly freely in UK civil airspace too?  While it may seem like science fiction at the moment, there are many vested interests working hard behind the scene to make it happen.

At the European level, the EU has been having a series of meetings over the past year to prepare a strategy document for the introduction of drones within European airspace  as the Sunday Times recently reported last week  (quoting us).

European and UK lobby groups acting on behalf of the drone industry are pushing the advantages of drones and talking up their usefulness in many news publications.  New Scientist magazine reports how Unmanned Vehicle Systems International, a lobby group based in the Paris, says that drones will become “vital tools in many fields, from helping police track stolen cars to assisting emergency services in crisis situations such as fires, floods and earthquakes, to more prosaic tasks like advertising or dispensing fertiliser from the air.”  (“High time to welcome the friendly drones” said the New Scientist editorial) .  The BBC website also last week reported on how drones are cheaper and better at checking on whether farmers are complying with Common Agricultural Policy rules. 

In the UK, as regular readers will know, the ‘industry-led consortium’ ASTRAEA, aims “to enable the routine use of UAS (Unmanned Aircraft Systems) in all classes of airspace  without the need for restrictive or specialised conditions of operation.” 

The programme is funded 50% by the taxpayer and 50% by some of the UK’s biggest military companies.   According to the ASTRAEA website, the UK drone lobby group, Unmanned Aerial Vehicle Systems Association (UAVS) and the Ministry of Defence are also ‘stakeholders’ in the programme.  As the UAVS website states on their website much of their representation takes place “behind closed doors”.

There are two main hurdles for the drone lobby to overcome before unrestricted drone flying will become the norm in the UK.  First is the safety issue.  At the moment the UK Civil Aviation Authority (CAA) which is responsible for UK civil airspace severely restricts the use of drones (but see our article here ).  Their main objection comes from a safety perspective.   At last years ASTRAEA conference, John Clark from the UK CAA  told delegates that it is for industry and the UAV community to prove that it will meet standards – “whatever you propose it must be safe” he said.  There is a long way to go before the drone industry will satisfy the CAA and the public that drones are at least as safe as ‘manned’ aircraft.   

Second is public skepticism.  The MoD and the drone industry are well aware that the public do not like the thought of drones flying above their heads in the UK.  While there will be a lot of activity over the next year or twoby lobbyists focusing on reassuring the public that drones are neither frightening nor dangerous, there also needs to be discussion about what is acceptable to the British public.  As Ben Hayes of the campaign group Statewatch says in the BBC piece mentioned above, while  there are lots of things that drones can be useful for, “the questions about what is acceptable and how people feel about drones hovering over their farmland or their demonstration – these debates are not taking place.” 

Unlike the US, the debate on drones in civil airspace is still wide open.  We need to make sure it is not just the industry lobbyists whose voices are heard.

Romancing the drone…

Pretty in Pink?

Anyone with even a passing interest in the military soon discovers the peculiar phenomenon of ‘military speak’, in which a spade can never quite be called a spade.

Bombs and bullets are called ‘ordnance consumables’, a missile strike or bombing raid is known as a ‘kinetic event’, and despite its offensive purpose, the industry and its business must always be described as ‘defence’.  Military speak is essentially about maintaining a psychological distance between the day-to-day sanitized business of planning, preparing (and profiting) from armed conflicts and the awful brutal reality of warfare.

The same coyness over language applies of course to drones.  Over the past few years I‘ve lost count of the number of times I been told not to call drones ‘drones’.  The current preferred term in the military is ‘Remotely Piloted Air System’ (RPAS) after they rejected ‘Unmanned Aerial Vehicle’ (UAV) as being ‘off message’ (“such a generic term can be unhelpful, particularly when working with an uninformed audience” said the MoD last year).

The term ‘drone’, though widely used and understood by the public and media alike, is snubbed both by the military and those wanting to get a civil drone industry of the ground.  Not only is it seen as too dull a name for such a ‘sophisticated piece of kit’ but its association with death and destruction is of course problematic.

This week the Guardian revealed that the Unmanned Aerial Systems Association, a UK lobby group, is planning a public relations offensive to counter the negative image of drones.  This website (Drone Wars UK) was cited by the lobby group as part of the problem to be overcome.   They recommend  that drones deployed in the UK “be decorated with humanitarian-related advertisements, and be painted bright colours to distance them from those used in warzones”  As the guardian reports:

“John Moreland, the general secretary of UAVSA, said the industry was uncomfortable with the word “drones” and wanted to find new terminology. “If they’re brightly coloured, and people know why they’re there, it makes them a lot more comfortable,” he said.

The idea that the public could be persuaded to accept drones by painting them bright colours has rightly been mocked across the blogosphere.

A more serious strategy in the attempt to rebrand drones is for advocates to play up their potential to be used by green or human rights groups. Last week the New York Times carried a think piece arguing that drones should be used to monitor human rights abuses. Like many drones themselves however, the idea has come crashing down to earth after being comprehensively rubbished by human rights advocates (see the excellent post from Laurenist and also from Mark Kersten).  Even one noted supporter of drones, @drunkenpredator,  ridiculed the idea on twitter.

Drones do not have a negative image because of the work of Drones Wars UK, but because of the awful impact that they have in Afghanistan, Pakistan and elsewhere, and because of the serious concern that remote warfare will mean more warfare.

The public will not be reassured by any renaming or rebranding exercise.  What is needed is for the legitimate concerns about drones in warfare and their impact on civil liberties to be taken seriously.

‘An Unmanned Combat Air Systems Concept of Use’ : A case study in drone secrecy

Click image to download document

A little over a year ago I discovered someone in the MoD had written a document called ‘An Unmanned Combat Air Systems Concept of Use’. It was mentioned in Defence Reporter, a useful bi-annual bulletin on research being carried out by the MoD’s science and technology labs. The summary said the document:

“aims to provide a broad outline of how it is envisioned that an Unmanned Combat Air System (UCAS) will be employed both in preparation for, and when operationally deployed from 2020 and beyond. It provides a vision of a potential UCAS, from which questions will naturally be generated, possibilities assessed and conclusions drawn. These questions, analysis and conclusions will help build the UK’s knowledge of a UCAS and therefore enhance our aptitude towards making future procurement decisions with regard to the utility of UCAS in any future force mix.”

Naturally as someone very interested in the development of British combat drones it is a document I would find extremely useful. As the bulletin is aimed at journalists and academics as well as the defence industry I duly applied to the MoD’s Knowledge and Information Services unit for a copy. After a couple of months back and forth about why I wanted the document, my request was refused.

I requested a copy of the document under the Freedom of Information Act (FoI) last summer and was again refused. I appealed this refusal (a process that is suppose to take no more than 40 days at the extreme) and now almost seven months later, have received a heavily redacted copy of the document (click image above) together with a long letter setting out all the reasons it has been so heavily redacted.

The letter acknowledges that “disclosure of information from the UCAS CONUSE document would demonstrate openness and improve public understanding on the development and employment of a potential UAS … would also increase confidence in the military’s responsible current and future use of UAS, in particular help to allay concerns that the deployment of UAS are carried out in accordance with International Law…” Release of the full document however has been refused as it would “increase the security threat to our own forces and those of our allies.” (The full letter is here.)

Apart from one or two paragraphs the document is almost entirely redacted. Information that ‘would increase our confidence about current and future use’ of drones has been removed along with almost everything else.

A couple of days ago someone commented here on the blog to the effect that the public has no right to comment on or have oversight of the development of new weapon systems as they do not know enough about it. Only the professionals and experts with inside knowledge are capable of having oversight and control it seems. Alas, of course the same was said about the banking/financial system until its recent virtual collapse…

It is imperative that there is proper, public accountability and control over the actions of our armed forces and the development of new weapon systems. We will continue to challenge the secrecy that surrounds the development and use of British drones.