This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/world-21333570
The article has changed 4 times. There is an RSS feed of changes available.
Version 2 | Version 3 |
---|---|
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 framework | Legal framework |
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: |
|
|
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' | '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". | 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. | 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. |
"This sweeping authority is said to exist even if the threat presented isn't imminent in any ordinary sense of that word, even if the target has never been charged with a crime or informed of the allegations against him, and even if the target is not located anywhere near an actual battlefield," Mr Jaffer added. | |
The ACLU has helped the relatives of three Americans who died in drone strikes sue the Pentagon and CIA. Their lawsuit 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. | 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. | 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. | 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. |