Use of Drones as a Human Rights Violation

Transcription

1 Use of Drones as a Human Rights Violation STATEMENT OF THE PROBLEM: Drones, also known as UAVS unmanned aerial vehicles are an aircraft that is either controlled by a team of pilots from the ground, or follows a pre-programmed mission. The unmanned aircrafts serves two purposes. The first is for reconnaissance1 and surveillance; and the second for military attacks on individuals, groups, or nations. Some may wonder how such a state of the art yet eerie technology has almost become the norm in recent military strategy. The answer for this is all around efficiency. Drones are able to fly for long periods of time, maneuver around remote locations without be detected, and are much cheaper than traditional military aircrafts. They have also eliminated danger to flight crew, reducing the amount of military deaths. The sale and production of UAV s is a global industry and the technology needed for them is not complex, therefore many nations are able to produce and acquire them. It is very easy for nations to get armed drones, which can be seen as a dangerous threat in terms to international law and a threat to a nation s individual sovereignty2. Nations such as Pakistan, Afghanistan, Yemen, and Somalia have been particularly affected by the use of drones. They have experienced numerous civilian casualties. The Human Rights Council has stated that the use of drones by one country to kill people in another country is quickly emerging as an international human rights issue of serious public concern. In order to completely understand this topic delegates must take into consideration the current status of human rights, international law and how drones have become more than an object of warfare. HISTORY OF THE PROBLEM: UNITED STATES USE OF DRONES The history of drones can be traced back to World War I and after much perfecting they began producing damaging results in World War II.i Preceding September 11th, the United States began arming UAV s that they had previously used for surveillance only, turning them into weapons. The 1 2 Reconnaissance: military observation of a country or region Sovereignty: a country s right to govern itself without outside interference (from other countries)

2 United States has two separate divisions in the use of UAV s, one run by the U.S. Air Force and the other by the CIA. The use of drones has let the Air Force to increase the number of combat air vehicles by 600% over the past nine years; as of 2010, statistics have shown that there were at least 36 American armed UAV s over Afghanistan and Iraq. During the Bush Administration, drones were used in Pakistan and other target countries to assassinate alleged terrorist leaders. This has increased during the Obama Administration and according to a study done by Human Rights First, 20-25% of drone strikes hit civilian, not the targets.ii Phillip Aston The United Nations Special Rapporteur on extrajudicial affairs has attempted to get a justification from the U.S. on their use of drones to target and kill individuals. The U.S., however, has refused to comply; in a report Alston has said that the government should specify the bases for decisions to kill rather than capture particular individuals and should make public the number of civilians killed as a result of drone attacks, and the measures in place to prevent such casualties. ISRAEL S USE OF DRONES Israel pioneered the use of drones in the 1970 s by using drones as a surveillance tool to monitor troop movement in the 1982 invasion of Lebanon. Today Israel is one the world s largest drone producers, it has at least four types of killer drones that have been exported to other countries, and 45 types of non-lethal drones.iii Israel s use of drones in areas of Palestine has severely affected the mental state of the people who live in Gaza. The head of the Gaza Community Mental Health Program, Eyad Sarraj, has said that fear lies in the back of everyone s minds and the noise produced by drones is something you cannot escape. School administrators in Gaza have at times brought in psychiatrists several times a week to calm the children and explain to them that the sound of drones does not mean war or explosions.iv According to the Palestinian Center for Human Rights, over 825 people have been killed by drones in Gaza since 2006 and the majority are civilians mistakenly targeted or caught in the deadly shrapnel3 shower of a drone strike. UNITED KINGDOM S USE OF DRONES The United Kingdom s Defense Minister Andrew Robathan has stated that the majority of drones the UK employs in Afghanistan carry out intelligence, surveillance, and reconnaissance roles. The U.K. has also stated that it does not keep data on civilian casualties, as going to find this information would be dangerous.v The United Kingdom s use of drones in Afghanistan is subject to the European Convention on Human Rights (ECHR), which states that drones should only be lawful when it is absolutely necessary to kill someone rather than arrest. DISCUSSION OF THE PROBLEM: WHERE ARE DRONES BEING USED? Pakistan 3 Shrapnel: fragments of a bomb or explosion

3 The majority of U.S. drone strikes in Pakistan have taken place in the North Waziristan tribal region, which shares a large unregulated4 border with Afghanistan. When thousands of Taliban and al-qaeda members (members of a known terrorist group) fled to North Waziristan in late 2001, to escape U.S. military operations in Afghanistan, the area became a refuge for militants, and served as a training ground and base for attacks in Pakistan and Afghanistan. The Government of Pakistan has repeatedly expressed their concern over the counter-productiveness of drones, their violation of international law as well as Pakistan s sovereignty. Pakistan s parliament has called for an immediate end to these attacks. According to a report done by Amnesty International, missiles fired from U.S. drones have created significant losses to the Taliban and other armed groups operated in northwest Pakistan. However, the problem remains that while parts of this area serve as a base for insurgent5 operations, they are also home to around 840,000 people who face the constant fear of being killed by U.S. dronesvi. Local communities thus have little control over the activities of the different insurgent groups in the area. According to Article 6(1) of the ICCPR International Covenant on Civil and Political Rights which is a part of the International Bill of Human Rights, every human being has the inherent right to life. No one shall be arbitrarily deprived of his life. vii This right is a crucial part of international law and can never be suspended, whether in times of peace or in times of war. The use of U.S. drones in Pakistan becomes a human rights issue as their constant fear and stress deprives them of living as they should. Furthermore, the killing of a civilian without basis of reason or proof of their involvement in hostilities is a deprivation of life. 4 5 Unregulated: not controlled by a government Insurgent: rebel

4 Yemen Another U.S. drone target is Yemen, located on the southwest tip of the Arabian Peninsula. The rugged terrain is largely outside of the central government s control therefore making the country an ideal base for terrorist fighters. The U.S. has carried out approximately 80 targeted killings against alleged terrorist in Yemen since 2009.viii According to Human Rights Watch, in 2002 Yemen became the site of the first known U.S. targeted killing by a drone. Although the drone strikes have killed alleged high ranking terrorist officials, innocent civilians have come in the crossfires and their deaths have been largely unreported. President Obama along with other top U.S. officials have acknowledged the drone program, however they refuse to officially confirm or deny its role in specific drone strikes. Drones as a Human Rights Abuse? The International human rights law grants every person with the inherent right to life. It authorizes the use of lethal force outside of armed conflict situations only if it is strictly and directly necessary to save human life. It is important to note that, the use of lethal force is lawful only if there is an imminent threat to life and other less extreme means, such as capture or non-lethal incapacitation, are inadequate to address that threat. Countries participating in an armed conflict have a duty to investigate serious violations of the laws of war. If there is reliable evidence that an attack has violated the laws of war framed by any human rights convention or law, the responsible country is obligated to investigate for possible war crimes and appropriately prosecute the perpetrators. In this case, the United States would be obligated to provide compensation6 for the loss of life or injury caused by their violation of the laws of war (in this case, the use of drones for military attack). However, because the United States has failed to reveal information on targeted attacks victims are deprived of any meaningful right to compensation. The same would apply for violations of the Israel in Gaza, and the UK in Afghanistan. 6 Compensation: money given to make up for a loss

5 PAST INTERNATIONAL ACTIONS: Because using drones for targeted military attacks during times of war is a relatively new weapon of war, the United Nations has no international law that directly regulates the use of drones. But, with drones becoming more common in warfare and more countries developing drone technology, the United Nations needs to create an international law or convention to monitor the use of drones. Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) declares that human beings have the right to life. In the case of drone strikes, many targets and civilians have died or have had their life taken away from them. According to the UDHR, drones strikes are a human rights violation because it takes away a person s right to life. But, many country contests this because drone strikes occur during times of war, that it does not violate any human rights. The debate on whether or not drone strikes violate the right to life has not been won. Questions to Consider: 1. Does your nation use drones for surveillance or for military strikes? 2. Has your country suffered from military drone strikes? 3. Does your country feel that drone strikes that kill or injure civilians violates the Universal Declaration of Human Rights? 4. Does your country feel that using drones for targeted attacks should be allowed during times of war? CITATIONS & PHOTO CREDITS Sifton, John. "A Brief History of Drones The Nation." The Nation. The Nation., 7 Feb Web. < ii How to Ensure That the U.S. Drone Program Does Not Undermine Human Rights."Human Rights First. N.p., Apr Web. < iii Schwayder, Maya, and Lisa Mahapatra. "Drones: Which Countries Have Them For Surveillance And Military Operations? (MAP)." International Business Times. N.p., 18 May Web. < i

6 Wilson, Scott. "In Gaza, Lives Shaped by Drones." Washington Post. The Washington Post, 12 Dec Web. 29 Oct < v "UK Increases Use of Armed Drones in Afghanistan." BBC News. BBC, 09 June Web. < vi "Will I Be Next" U.S. Drone Strikes in Pakistan. Publication. London: Amnesty International, Print. vii United Nations General Assembly. International Covenant on Civil and Political Rights viii Tayler, Letta. "BETWEEN A DRONE AND AL-QAEDA" The Civilian Cost of US Targeted Killings in Yemen. Publication. N.p.: Human Rights Watch, Print. iv