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**Shah-i-Kot** · 05-14-2013, 04:50 PM

Will Pakistan finally stand up against illegal US drone attacks?

The Peshawar high court has delivered a damning verdict on the strikes. Pakistan must now move towards protecting the security of its citizens

- Clive Stafford Smith
- guardian.co.uk, Sunday 12 May 2013 13.39 BST
- Jump to comments (…)

Thursday's landmark decision by the Pakistani high court in Peshawar is a remarkable document: Chief Justice Dost Muhammad Khan examines the US use of drones against Pakistan's tribal areas and reaches several conclusions that, while obvious to most sensible observers, seem to have eluded American authorities for several years.
The case was filed last year by Shahzad Akbar, of the Foundation for Fundamental Rights (FFR), a legal charity based in Islamabad. The case was brought by families of victims killed in a US drone strike on 17 March 2011. The strike – one of more than 300 Obama has launched at Pakistan – is infamous: more than 50 people were killed, including many community elders who had gathered to settle a local dispute over a chromite mine. For the locals it was the equivalent of a strike on the high court itself.
The chief justice's first finding is perhaps the most obvious: "[Drone strikes] are absolutely illegal and a blatant violation of sovereignty of the state of Pakistan." The strikes are, he says, international war crimes, given that there is no state of war between the US and its nominal ally, Pakistan.
It does not matter whether General Pervez Musharraf gave the CIA a wink and a nod when he was the country's dictator. "[T]here is nothing in writing to the effect," writes the chief justice. In any event, no government can legitimately authorise the murder of its own citizens – certainly not without a public announcement through the democratic process. Indeed, Musharraf is currently facing the music for a number of illegal acts he allegedly took while in office.
The American use of drones is, in the chief justice's legal opinion, wholly disproportionate under international law. He notes that 9/11 still provides the US administration's pretext for a "global war on terror", yet there has been "not a single … terror incident … anywhere in the USA" emanating from Pakistan in more than a decade since. How, then, can it be proportionate to kill more than 3,000 Pakistanis, including "infant babies, pre-teen and teenage children, women and others".
Rather than respond with force first and ask questions afterwards, the chief justice orders the Pakistan government to try to solve the dispute through the rule of law. The Pakistan government must make an immediate and genuine complaint to the UN. If the UN security council reaches the appropriate conclusion (which he feels legally it must, absent a US veto), or the general assembly adopts a resolution, and "the US authorities do not comply … the government of Pakistan shall sever all ties with the USA and as a mark of protest shall deny all logistic and other facilities to the USA within Pakistan".
Then he makes another self-evident pronouncement: the Pakistan military's first obligation must be to preserve the security of its own citizens. The "security forces shall ensure that in future such drone strikes are not conducted and carried out within the sovereign territory of Pakistan". Again, rather than shoot first, the government shall administer a "proper warning"; if this does not work, the Pakistan air force must immediately shoot down the drones. Even though I am American myself, I find it hard to argue with this unhappy suggestion: after all, if the Pakistanis were terrorising Texas with Predator drones, I would expect Barack Obama to send the US air force into immediate action.
Ultimately, the US must bear full responsibility for its actions. "The government of Pakistan shall mak[e] a request to the UN secretary general to constitute an independent war crime tribunal, to direct the US authorities to immediately stop the drone strikes ... and to immediately arrange for the complete and full compensation for the victims' families."
This judicial decision is all about democracy and the rule of law. America has held itself out as a proponent of these ideals for more than 200 years. It is a shame that the CIA's supposedly secret drones campaign marks such a sharp departure from both, following on from earlier policy catastrophes such as Guantánamo Bay and Abu Ghraib.
In contrast, Saturday's election marked the first time in its 66-year history that Pakistan has made the transition from one democratically elected government to another. The apparent victor, Nawaz Sharif's PLM-N party, has promised to stop US drone strikes in Pakistan. The court's decision will light a judicial fire under this vow.

Will Pakistan finally stand up against illegal US drone attacks? | Clive Stafford Smith | Comment is free | guardian.co.uk

**Shah-i-Kot** · 05-14-2013, 04:53 PM

Drone strikes illegal, a war crime: Pakistani high court

Omer Farooq Khan, TNN May 10, 2013, 03.32AM IST

ISLAMABAD: A Pakistani high court on Thursday declared the US drone strikes in the country's tribal regions illegal and directed the government to use force to "protect the right to life" of its citizens. Stating that the United States strikes must be declared war crime as these kill innocent people, it also called the government to move a UN resolution against such attacks.
The high court in Pakistan's north-western city of Peshawar announced the verdict against the CIA-driven drone strikes on four writ petitions, stating that these attacks kill innocent civilians and cause collateral damage. Time and again, Washington has said that drone attacks target al-Qaida and Taliban safe havens in Pakistan's tribal areas, from where they carry out cross-border attacks in Afghanistan.

According to a report submitted by political authorities of North Waziristan Agency, 896 Pakistani civilians living there were killed in the last five years until December 2012 while 209 were seriously injured. "In these drone attacks only 47 foreigners were killed and six injured. Many houses and vehicles and cattle heads worth millions of dollars were destroyed in these attacks. Similarly, in South Waziristan Agency, 70 drone strikes were carried out in the last five years until June 2012 in which 553 people were killed and 126 injured," the report said.
"In view of the established facts, undeniable in nature, under the UN Charter & Conventions, the people of Pakistan have every right to ask the security forces either to prevent such strikes by force or to shoot down intruding drones," the court verdict said.
"The government of Pakistan must ensure that no drone strike takes place in the future," it added and also asked the ministry of foreign affairs to table a resolution in the UN against the US attacks.
In a detailed judgment, the court ordered the government to forthwith assert its sovereignty and convey forcefully to the US that no further drone strikes will be tolerated. It directed the government "to protect the 'right to life' of its citizen and use force if need be to stop extrajudicial killings with drones".

Drone strikes illegal, a war crime: Pakistani high court - Times Of India

**Manzareh** · 05-15-2013, 10:52 AM

I wonder if there has been a drone strike after this? very likely that this act of making it illegal hasn't changed anything, or has it.

**Wowra** · 05-15-2013, 12:58 PM

Originally posted by Manzareh View Post

I wonder if there has been a drone strike after this? very likely that this act of making it illegal hasn't changed anything, or has it.

I wouldn't imagine it has made a difference. The only way it can make a difference is if Pakistani truly interprets drone presence in PK airspace as hostile acts and begins shooting them down. This would have to compound with the expulsion of the US embassy, and closure of supply lines to Afghanistan. This would of course come at the cost of US foreign aid to Pakistan. I'm curious to see where this goes. If Pakistan continues to ignore or only grumble about the drone strikes but does nothing, it could further divide Islamabad from FATA. Its a curious time.

**MostafaM** · 05-19-2013, 02:47 PM

Pakistani can declare whatever they want legal or illegal.

**Michin Khel** · 05-19-2013, 04:03 PM

Munafiqat da.............Drones are carried out with full approval of Pak army
Ex-Pakistani leader admits secret deal with U.S. on drone strikes - CNN.com
According to najam sethi U.S informs the Pakistan about their next drone targets and seek permission from Pak army on monthly basis.....This agreement was suspended only for 6 months after NATO strike on salala check post.
Pak army is black mailing U.S to give them drone technology so that they can use it themselves on FATA , their only concern is sovereignty not the collateral damage......Their air force strikes , mortars , shelling and cross-fires cause more collateral damage than drone strikes which are most of the time very precise....drone is hot topic in drawing rooms of islamabad and punjab....while for tribals the genuine headache is Pak army......i posted this in a discussion about COIN tactics in FATA on defence.pk a month ago,

1- At army check posts in FATA, there are no stop or halt signs, people are themselves supposed to know where to stop their vehicles, at a distance well clear of the post. Those who unwittingly makes the slightest mistake, bullets are sprayed on them..lot of unpleasants accidents have occured, in many instances families got killed when they didnt stop at the specific distance. Moreover the driver has to raise his hand in air as in surrunder while walking towards check post, a security measure, but awkward and insulting for a tribal in his own area.

2- You can not overtake a military vehicle in FATA and adjacent settled territories in south, fire would be opened on you if you try to overtake it. In the one of the incident in my area, a wedding coach tried to overtake a large and slow military truck, bullets were sprayed on coach killing 12 individuals including groom who was sitting in the front seat.

3- Heavy use of artillary and mortars by army whenever their checkposts are attacked. Heavy collateral damage occurs from use of heavy weaponry by army, lot of civilian deaths and damage to properties.

4- Army doesnt know how to interact with locals neither they are trained for it, searches and checking by army is stern and gruff...check posts at every second with army having this attitude, tribals feel as if they dont belong to pakistan. It should be done through FC and levies who belong to area and know how to interact with locals.

5- Heavy use of air strikes in FATA, cause heavy collateral damage. In addition to human losses , Air strikes by jet fighters destroy houses, shops, markets, crops etc. The fact that high level air force is used on them, makes tribals feel that they are treated as adversaries and their area as enemy territory.

6- Wherever operation has taken place in FATA, the area present the view of war zone. Houses, shops, madrassas and other buildings are demolished...these are poor people , they wont be able to re-construct it. No aid to assist them.

8- More than million IDPs in KPK...due to operation rahe e nijat in south and situation in north waziristan...they were asked by military to leave the area without provision of food and shelter. They are in very bad condition in camps. Those who returned to south waziristan , found their houses completely destroyed. They are living in conditions like refugees in their own waziristan...they are proud people, their dignity is badly injured.

9- When army caravan move on road, first road is cleared then there is automatic curfew , no announcement to locals. When you see approaching caravan from far distance, you have to halt at your location. Army shoots any moving human being at sight...lot of ugly incidents have occured in which many people including childern were shot because they were moving when army caravan was approaching.

10- "Action in Aid of Civil Power Ordinance, 2011" is imposed on FATA for the purpose of giving a free hand to troops to conduct search-and-arrest operations without prior notice. The law even empowers them to execute any person without due legal process on the basis of mere suspicion that he or she may have, or might establish, links with militants...

**Shah-i-Kot** · 05-19-2013, 07:18 PM

Originally posted by Mostafa1919 View Post

Pakistani can declare whatever they want legal or illegal.

As Luffy has cited and pointed out, the Pakistan Army supports drone attacks, and lets the civilian government take the criticism for it.

The Peshawar High Court has made this ruling and noted the above in their reference to Musharraf's approval for drone attacks.

**Talal** · 05-19-2013, 07:29 PM

The problem with the court ruling is that its provincial, meaning it applies to everything within the provincial boundaries. Drone attacks are targeting specifically the tribal areas and those come under federal jurisdiction

**Talal** · 05-19-2013, 07:52 PM

Originally posted by Shah-i-Kot

Talal

Thats not significant and is irrelevant to this ruling.

It is if you consider the 18th amendment distribution of power between provinces and center.

**Shah-i-Kot** · 05-19-2013, 08:05 PM

Originally posted by Talal View Post

It is if you consider the 18th amendment distribution of power between provinces and center.

It is not when you consider that the Pakistan Army and government are under oath to protect the lives of Pakistani citizens in all parts of Pakistan. (Its another discussion to point out that they obviously have not fulfilled their oath)

**Michin Khel** · 05-20-2013, 05:43 AM

Originally posted by Talal View Post

The problem with the court ruling is that its provincial, meaning it applies to everything within the provincial boundaries. Drone attacks are targeting specifically the tribal areas and those come under federal jurisdiction

True. Nowadays even federal governament, governer and political agents authority are quite invalid in FATA, the region is entirely under control and command of Pakistan army.

**MostafaM** · 05-20-2013, 12:47 PM

Originally posted by Shah-i-Kot View Post

As Luffy has cited and pointed out, the Pakistan Army supports drone attacks, and lets the civilian government take the criticism for it.

The Peshawar High Court has made this ruling and noted the above in their reference to Musharraf's approval for drone attacks.

Pakistan is trying hard to portray itself as a state where law means something and where civilian institutions have something to say.

In reality the Surpreme Court can say whatever it wants.
Nobody really cares because the Army and security institutions are in charge in everything.

This is just a pettifogger-tactic to distract public opinion.

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Pakistan court declares US drone strikes illegal

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