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

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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

Technology and the future of UK Foreign Policy – Our submission to the Foreign Affairs Committee Inquiry

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In a timely and welcome move, the House of Commons Foreign Affairs Select Committee has recently launched an investigation into ‘Tech and the future of UK foreign policy‘.  Recognising that new and emerging technologies are fundamentally altering the nature of international relations and the rapidly growing influence of private technology companies, the Committee’s inquiry intends to focus on how the government, and particularly the Foreign, Commonwealth, and Development Office (FCDO) should respond to the opportunities and challenges presented by new technologies.

A broad selection of stakeholders have already provided written evidence to the Committee, ranging from big technology companies such as Microsoft, Oracle, and BAE Systems, to academics and industry groups with specialist interests in the field.  Non-government organisations, including ourselves, as well as the International Committee of the Red Cross, Amnesty International UK, and the UK Campaign to Stop Killer Robots have also provided evidence.

Not surprisingly, submissions from industry urge the government to support and push ahead with the development of new technologies, with Microsoft insisting that the UK “must move more quickly to advance broad-based technology innovation, which will require “an even closer partnership between the government and the tech sector”.  BAE Systems calls for “a united front [which] can be presented in promoting the UK’s overseas interests across both the public and private sectors”.  Both BAE and Microsoft see roles for new technology in the military: BAE point out that “technology is also reshaping national security”, while Microsoft calls for “cooperation with the private sector in the context of NATO”. Read more

Five years on from UK’s first drone targeted killing, increasing secrecy needs serious challenge

Secret British drone operations getting little scrutiny

The long delay to the release of the Intelligence and Security Committee’s Russia report showed all too clearly just how much control the government can wield over Parliament’s weak powers of scrutiny.  While the ramification of this latest setback to parliament’s role of holding the executive to account are still being worked out, the consequences of a similar failure five years ago – when MPs attempted to investigate the use of drones by British forces for targeted killing –  are now apparent.  This should act as a salutary reminder of the need for MPs to constantly push to strengthen their oversight powers.

Five years ago today (21 August 2015), an RAF Reaper drone operating over Syria launched a missile at a vehicle travelling along a dusty road in Raqqa, killing its three occupants including the target of the strike, 21-year old Cardiff-born Reyaad Khan. The targeted killing caused a storm of controversy when then PM David Cameron reported it to parliament three weeks later. The government had not only for the first time launched a lethal strike in a country in which it was not at war, but had also defied a resolution supporting use of force in Iraq though specifically ruling it out in Syria. The government insisted that the operation was necessary as Khan was instigating and encouraging terror attacks in the UK. Read more

Fallon to face questions on drone targeted killing – but will there be answers?

Secretary of State for Defence, Michael Fallon

UK Defence Secretary Michael Fallon will face questions from the Human Rights Select Committee on Wednesday (16 Dec) over the targeted killing of two British men in a UK drone strike.  21-year old Reyaad Khan from Cardiff was killed in the strike in Syria on 21 August 2015 alongside 26-year old Ruhul Amin from Aberdeen and an unknown third man.

As the Prime Minster acknowledged in his statement to the House of Commons,the air strike was a significant departure from previous military operations: Read more

PR Trumps Transparency Part II: Government response to Select Committee report on drones

responseThe Government Response to the Defence Select Committee Report on ‘Remotely Piloted Air Systems’ (drones to the rest of us) was published on 29 July. As we wrote when the Committee’s report was originally published in March, there is a gaping hole in the document where actual details of UK drone operation in Afghanistan – and an analysis of their impact on the ground – should be. Without this crucial information it is, in our opinion, impossible to undertake any proper assessment of “the current and future use” of drones, as the Committee claims it has done.

Despite this obvious omission from its investigation – or perhaps because of it – the Defence Select Committee was able to be enthusiastic about the use of drones, calling them “a key military capability for the future.”  The report did however make some observations and recommendations, to which the Government has now responded. Read more

Defence Select Committee issues report on drones: PR trumps transparency

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Three years ago today (25 March) four Afghan civilians were killed and two seriously injured in a British drone strike in the Now Zad district of Helmand province. According to the MoD the strike, which also killed two men believed to be combatants, was investigated by ISAF who found that the strike had been “in accordance with extant procedures and rules of engagement.”  Words of regret were issued, the case closed and British and US drone operations in Afghanistan continued unabated.

Seemingly by coincidence, the Defence Select Committee chose the third anniversary of this tragic event to release the report of its inquiry into the use of ‘Remotely Piloted Air Systems’.  Not only is the anniversary itself ignored, so too is how UK drone strikes are actually impacting on the ground in Afghanistan. The fact that casualty figures from UK drone strikes in Afghanistan are not made public is not even mentioned, never mind challenged. Just as the four Afghan civilians killed in that British drone strike three years ago remain nameless, so to do all victims of UK drone strikes in Afghanistan Read more