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US drone strikes: Memo reveals case for killing Americans US drone strikes: Memo reveals case for killing Americans
(35 minutes later)
The legal basis for using drone strikes to kill US citizens has been disclosed in a leaked justice department memo.The legal basis for using drone strikes to kill US citizens has been disclosed in a leaked justice department memo.
US officials can authorise the killing of Americans abroad if they are leaders of al-Qaeda or its allies, according to the document obtained by NBC News.US officials can authorise the killing of Americans abroad if they are leaders of al-Qaeda or its allies, according to the document obtained by NBC News.
Lethal force is lawful if they are judged to pose an "imminent threat" and their capture is not feasible, it adds.Lethal force is lawful if they are judged to pose an "imminent threat" and their capture is not feasible, it adds.
US drone strikes against militant suspects in countries such as Yemen and Pakistan are deeply controversial.US drone strikes against militant suspects in countries such as Yemen and Pakistan are deeply controversial.
Under President Barack Obama the US has expanded its use of drones to kill hundreds of al-Qaeda suspects, arguing that it is acting in self-defence in accordance with international law.Under President Barack Obama the US has expanded its use of drones to kill hundreds of al-Qaeda suspects, arguing that it is acting in self-defence in accordance with international law.
Critics argue the drone strikes amount to execution without trial and cause many civilian casualties.Critics argue the drone strikes amount to execution without trial and cause many civilian casualties.
Legal frameworkLegal framework
Among those killed was US citizen Anwar al-Awlaki, an al-Qaeda suspect who died in a drone strike in Yemen in September 2011.
Two other Americans were killed in the same year. Samir Khan, who produced an online magazine promoting al-Qaeda's ideology, died in the same strike that targeted Awlaki.
Awlaki's 16-year-old son, Abdulrahman, was killed in a drone attack a month later.
The undated 16-page Department of Justice White Paper published by NBC gives more details of the justification for the use of drones outside recognised war zones.The undated 16-page Department of Justice White Paper published by NBC gives more details of the justification for the use of drones outside recognised war zones.
It says sovereignty is not deemed to have been violated if the host nation gives its consent, or is unwilling or unable to suppress the threat posed by the individual targeted.It says sovereignty is not deemed to have been violated if the host nation gives its consent, or is unwilling or unable to suppress the threat posed by the individual targeted.
It also sets out a "legal framework" for the use of lethal force against US citizens in foreign countries.It also sets out a "legal framework" for the use of lethal force against US citizens in foreign countries.
It concludes that such killings do not violate the US Constitution as long as:It concludes that such killings do not violate the US Constitution as long as:
  • An informed, high-level official of the US government has determined that the targeted individual poses an imminent threat of violent attack against the US
  • Capture is infeasible and the US continues to monitor whether capture becomes feasible
  • The operation would be conducted in a manner consistent with applicable law of war principles
  • An informed, high-level official of the US government has determined that the targeted individual poses an imminent threat of violent attack against the US
  • Capture is infeasible and the US continues to monitor whether capture becomes feasible
  • The operation would be conducted in a manner consistent with applicable law of war principles
The paper adopts a broad definition of "imminent threat", saying it is not necessary to produce evidence that a specific attack is being planned if the target is generally engaged in plotting against the US.The paper adopts a broad definition of "imminent threat", saying it is not necessary to produce evidence that a specific attack is being planned if the target is generally engaged in plotting against the US.
'Remarkable document'
It also asserts that courts should not play a role in reviewing or controlling such decisions.It also asserts that courts should not play a role in reviewing or controlling such decisions.
The American Civil Liberties Union (ACLU) said the white paper was a "pretty remarkable document".
Jameel Jaffer, deputy legal director of the ACLU, said in a blog post the paper revealed "both the recklessness of the government's central claim and the deficiencies in the government's defense" of its drone strike policy.
The ACLU is providing legal assistance to the relatives of three Americans killed in drone strikes, in a lawsuit against the Pentagon and CIA that claims the deaths were unconstitutional.
Anwar al-Awlaki, an al-Qaeda suspect born in the US state of New Mexico, was killed by an unmanned plane in September 2011.
Samir Khan, a naturalised US citizen who produced an online magazine promoting al-Qaeda's ideology, died in the same missile strike.
Awlaki's 16-year-old son, Abdulrahman, who was born in Colorado, was killed a month later.
The Obama administration has been under growing pressure from politicians in Congress to share more details of its drone strike programme, including secret legal documents.The Obama administration has been under growing pressure from politicians in Congress to share more details of its drone strike programme, including secret legal documents.
Last month the UN launched an inquiry into the impact of drone strikes on civilians.Last month the UN launched an inquiry into the impact of drone strikes on civilians.