Drone Attacks Signal CIA’s Willingness to Assassinate Terrorists
Recently Uncovered Program Wasn't Sole Approach to Agency's Targeting Killings
By Spencer Ackerman 7/13/09 8:02 PM
An MQ-Reaper drone prepares to land after a mission in Afghanistan (U.S. Air Force photo)
In October 2002, a suspected al-Qaeda operative named Qaed Senyan al-Harthi, whom the United States believed to be a participant in the 2000 assault on the U.S.S. Cole, took a drive through the northern Yemeni mountains that had become his home. An unmanned, remotely piloted CIA Predator drone tracking al-Harthi from the sky released its payload, a Hellfire missile, into his car, killing al-Harthi and five others. Rather than deny responsibility for the strike, the Bush administration boasted of it. “One hopes each time you get a success like that, not only to have gotten rid of somebody dangerous, but to have imposed changes in their tactics and operations and procedures,” Deputy Defense Secretary Paul Wolfowitz told CNN.
The 2002 Harthi strike — the first successful one of its kind — yielded scores more attacks on al-Qaeda targets from pilotless drones. Those strikes have proliferated intensely over the last year in the tribal areas of Pakistan, as CIA officials believe they stand the best chance for killing Osama bin Laden and his lieutenants. Such forays into assassinations since 9/11 help provide context for understanding a still-secret post-9/11 program canceled last month by CIA Director Leon Panetta that might have represented another erosion of the U.S.’s three-decade ban on such targeted killings.
“Killing people during war is different from the U.S. government targeting specific persons, outside a battle zone, for killing,” said Vicki Divoll, a former lawyer for both the CIA’s Counterterrorist Center and the Senate Select Committee on Intelligence. “And even in the so-called war on terror, most lawyers who study this issue believe that targeted killing of a named terrorist falls within the ban in a presidential executive order that has been around since the Ford administration.”
The executive order Divoll referred to has come to be known as EO 12333, which President Reagan issued in 1981, building on the efforts of Presidents Ford and Carter. It states, “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.”
Very little has been revealed about this new program, but the drone strikes appear to be entirely separate from it. On Sunday, The Wall Street Journal reported that the program Panetta shut down was an inchoate effort to hunt and assassinate terrorist leaders that did not progress far beyond the planning stages. The Guardian added on Monday that the effort was geared toward al-Qaeda members taking refuge in U.S.-allied countries, where the use of military force — and in some cases, the cooperation of domestic law enforcement or intelligence — could not be contemplated. Neither the CIA nor the White House would comment on the program.
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http://washingtonindependent.com/50693/drone-attacks-signal-cias-willingness-to-assassinate-terrorists