Tribunal upholds MoD refusal to disclose details of UK Reaper drone missions outside of Op Shader

Click to read Decision Notice

Fifteen months after hearing our appeal, an Information Tribunal handed down its decision this week rejecting our arguments that basic details about the deployment of armed Reaper drones outside of Operation Shader (Iraq/Syria) by the UK needed to be released to enable public and parliamentary oversight over such deployments.

Both Clive Lewis MP and Baroness Vivienne Stern, Vice-Chair of the All Party Parliamentary Group (APPG) on Drones and Modern Conflict had submitted statements to the Tribunal supporting our appeal.  Clive Lewis argued that  the refusal to answer these questions about the deployment of Reaper is “a serious backward step in terms of transparency and accountability.”   Baroness Stern stated:

“Despite repeated attempts by myself and colleagues to attain even the most basic information about the UK’s drone deployments, policy, and commitments, Parliament has not been provided with the accurate and timely information needed to meaningfully carry out its constitutional scrutiny role. Whilst certain details must be kept secret in order to ensure operational and national security, the current trend of withholding information about the use of drones purely because it is seen as an “intelligence” asset, as well as withholding vital information on the UK’s growing military capabilities and commitments is deeply concerning and unjustified.”

While insisting that it was neither confirming nor denying the deployment, the MoD argued against the release of the information on three broad grounds . As the Decision Notice states:

“the MOD’s key concern about the release of the requested information was that it could lead an adversary to infer the absence or presence of UK personnel. In his [The MoD’s witness’] opinion were the locations to be released or inferred from a combination of requested data and already published material (the “mosaic effect”), there would be an elevated risk to any potential personnel in that location and an increased risk of hostile acts against them.”

A second concern was

“there would be an increased risk to any nation hosting the Reaper operations as an adversary may target a hostile act at the host nation rather than the UK which may be a more difficult target. Thereby undermining the UK’s relationship with that nation and undermining military operations conducted from that location.”

Finally, and most concerning from a scrutiny and oversight point of view the MoD argued (again quoting Decision Notice)

“The effectiveness of operations conducted using Reaper outside Operation Shader in future depend, in part, on a greater degree of ambiguity as to the employment of Reaper in order to be successful. It is important to retain a degree of ambiguity regarding the full extent of Reaper operations now in order to maintain this flexibility in the future. “

Drone Wars argued strongly that the information requested –  a single figure of the number of sorties undertaken outside of Operation Shader and their broad, geographic location (i.e. ‘The Middle East’) – was not capable of causing the prejudice alleged.  We also pointed out to the Tribunal that the MoD has previously released the number of sorties undertaken outside of Operation Shader (In response to our questions about the targeted killing of Naweed Hussain in 2018) without any of the prejudice or harm suggested, but that seems to have been ignored by the tribunal.  Read more

UK deployed Reaper drone to Sudan

Image of Port Sudan from UK Reaper video feed

The UK deployed an MQ-9 Reaper drone to Sudan as part of the military operation to support the evacuation of UK personnel the RAF has reported.

This is the first public acknowledgment of the deployment of UK Reaper drones outside of operations in Afghanistan, Iraq and Syria.  Drone Wars UK has been fighting a long FoI battle with the Ministry of Defence (MoD) about a possible further unacknowledged deployment. The drone provided intelligence gathering and surveillance cover for UK military operations during the evacuation, but it is not known if it was armed during the operation.

In a brief 3 May 2023 press release, the Royal Air Force (RAF) stated

“The RAF’s Reaper, an uncrewed aircraft that is designed for Intelligence, Surveillance, Target Acquisition and Reconnaissance (ISTAR) missions has been supporting by providing up to date imagery of the port, airfield and ground environment. This includes highlighting unsafe and potentially dangerous areas to troops on the ground. It has also allowed for identification of buildings which would be suitable for temporary shelter, medical facilities, or locations to process passengers.

The Reaper was operated by XIII Squadron based at RAF Waddington. The Squadron Executive Officer said: “For XIII Squadron to operate the RAF Reaper over two separate continents on two different missions, having eyes on the ground in Africa and the Middle East simultaneously shows the flexibility of the aircraft and our people, a remarkable effort from all the Squadron”.”

The MoD reported that the military operation to safely evacuate UK personnel from Sudan had concluded on 3 May with the last flight departing from Port Sudan airport.  It reported that almost 2,500 personnel, including  1,200 non-UK nationals from 20 different countries had left via flight from  Wadi Saeedna airfield and Port Sudan airfield.  The UK Reaper drone had been tasked in particular with monitoring the UK’s processing station at Cora Hotel, Port Sudan where HMS Lancaster was based, as well as the two airfields from where evacuation flights too place.  Read more

Defence Secretary confirms UK drone targeted killing in Syria

At Defence Questions yesterday (13 March), the Defence Secretary, Ben Wallace, confirmed suspicions that the UK strike in Syria in December 2022 was a British drone targeted killing.  Choosing his words carefully, Wallace told the House of Commons:

“I want to update the House on a strike that took place a few weeks ago, as is our agreement on strikes under Operation Shader. In late December, an RAF Reaper remotely piloted aircraft conducted a strike against a leading Daesh member in al-Bab, northern Syria. The individual’s activity was related to chemical and biological weapons. The Reaper’s crew minimised potential risk to civilians before firing two Hellfire missiles, both of which struck the target accurately. These actions are vital to degrading such terrorist threats, protecting British citizens and supporting our international partners.”

The Ministry of Defence (MoD) had issued a short update two days after the strike:

“On Tuesday 20 December, a Reaper remotely piloted aircraft kept close observation on a building near Al Bab in northern Syria where at least one active Daesh terrorist was known to be present.  Great care was taken to ensure that any potential risks to civilians were understood and minimised before the Reaper’s crew fired a salvo of two Hellfire missiles which both struck the target accurately.”

Local sources reported at the time that two civilians – a woman and child – were injured in the strike and that one individual, a Yemeni national and ISIS commander was either severely injured or killed (see Airwars round-up of media reporting on the strike).  He was named locally by his nom de guerre of Abu Yasser al-Yemeni.

The local civilian civil defence force, know as the White Helmets, shared footage of the aftermath of the strike showing the house completely demolished.

Drone Wars submitted a Freedom of Information (FoI) request to the MoD in January asking if an investigation was underway into the reports of civilian casualties arising from the strike.  The MoD has refused to answer the request citing national security and international relations exemptions.  We have submitted an appeal.  Read more

MoD challenged at Information Tribunal on secret UK Reaper drone operations

Drone Wars appeared in court yesterday to appeal the refusal of the Ministry of Defence (MoD) to give basic details of UK Reaper operations outside of its campaign against ISIS in Iraq and Syria.  Judgement in the case is due to be given in around six weeks’ time.

In January 2020 the MoD refused to answer a Freedom of Information (FoI) request from Drone Wars UK seeking the number of UK Reaper flights that had taken place outside of Operation Shader during 2019 and their location. The request was refused both on national security and international relations grounds. Subsequently, Ministers refused to answer questions both in the House of Commons and the House of Lords about the sorties, claiming that Reaper was an ‘intelligence, surveillance and reconnaissance platform’ and that Ministers “do not comment on intelligence matters.”

Labour MP Clive Lewis wrote directly to the Secretary of State, Ben Wallace, about the matter and was told in response:

“REAPER is not conducting strike operations outside those theatres for which Parliament has approved the deployment of UK Armed Forces. The vast majority of REAPER missions are reconnaissance and surveillance operations and as I am sure you can understand, to reveal where it is conducting those missions would provide valuable information to our adversaries.”

Clive Lewis and crossbench Peer, Baroness Viviane Stern, member of the All Party Parliamentary Group on Drones and Modern Conflict submitted written statements to the Tribunal urging the need for transparency. Mr Lewis argued that  the refusal to answer questions about the deployment of Reaper is “a serious backward step in terms of transparency and accountability.”

Baroness Stern stated:

“Despite repeated attempts by myself and colleagues to attain even the most basic information about the UK’s drone deployments, policy, and commitments, Parliament has not been provided with the accurate and timely information needed to meaningfully carry out its constitutional scrutiny role. Whilst certain details must be kept secret in order to ensure operational and national security, the current trend of withholding information about the use of drones purely because it is seen as an “intelligence” asset, as well as withholding vital information on the UK’s growing military capabilities and commitments is deeply concerning and unjustified.”

In court, the MoD argued against the release of the information on two grounds.  Firstly, that the information was exempt from release under Section 26 of the Freedom of Information Act, arguing that the information would prejudice the capability, effectiveness or security of relevant forces.  Secondly, it argued that release of the information was exempt under Section 27 of the Act, in that its release would prejudice relations between the United Kingdom and any other State and/or the interests of the United Kingdom abroad.  Read more

British Reaper drone crashed after landing at undisclosed location in December 2021

UK Reaper drone ZZ209, damaged in a December 2021 accident, seen here being delivered to the RAF in Afghanistan in 2014.

A British Reaper drone crashed after landing on 1st December 2021 the MoD has revealed in a Freedom of Information response to Drone Wars UK.

The crash is the sixth ‘mishap’ that has occurred to the UK’s armed Reaper UAV fleet since the system came into service in 2008. At least 20 large (Class II and III) military drones operated by UK armed forces have crashed in the last 15 years. The latest accident came less than a month after a newly purchased Reaper came into service to  with the intention of bringing the UK’s fleet back up to its full strength of ten.

While the MoD is refusing to disclose the location of the accident for national security reasons, unless it was an improvised or emergency landing – of if UK Reapers have been deployed to an additional location for operations outside of Iraq and Syria – it is likely to have been at the Ali Al Salem air base in Kuwait where the UK’s Reapers are believed to be based.

The MoD state that the accident was caused by the “failure of the nose wheel steering on landing.”  This indicates that the drone likely ran off the runway. The status of the drone, whether it is repairable, and, if so, how long it will be out of service, is still “under investigation”.  Read more

Cost of UK air operations in Iraq and Syria tops £2bn with no end to strikes in sight

The long-delayed publication of the Ministry of Defence (MoD) accounts for 2020/21 show that the cost of UK air strikes and operations against ISIS in Iraq and Syria since 2014 has now topped £2 billion.  It should be noted that these costs are covered by the Treasury over and above the UK’s defence budget.  The UK carried out 54 air strikes in Iraq and Syria in 2021.

Published nine months after the  financial year end, the MoD’s accounts for 2020/21 detail that the ‘net additional cost’ to the UK of air operations against ISIS in the Middle East were £176m – an increase of 20% over 2019/20.  

Both the Iraq and Syrian government declared the military defeat of ISIS after its final territory was overrun in March 2019, while the death of the group’s leader, Abu Bakr al-Baghdadi, six months later further degraded their capability. While ISIS undoubtedly remains a serious terrorist threat to the people of Iraq and Syria, the continuing presence of US troops and on-going air strikes are also deeply resented by the people of Iraq.  Read more