Thursday, October 25, 2012

UK Support For US Drones May Be War Crime



By Ian Cobain,


The British government's support for US drone operations over Pakistan may involve acts of assisting murder or even war crimes, the high court heard on Tuesday.
In the first serious legal challenge in the English courts to the drones campaign, lawyers for a young Pakistani man whose father was killed by a strike from an unmanned aircraft are seeking to have the sharing of UK locational intelligence declared unlawful.
The British government has declined to state whether or not its signals intelligence agency GCHQ passes information in support of the CIA drone operations over Pakistan, although the court heard that media reports suggest that it does.
The case opened as the RAF confirmed that it is to double the number of its own drones flying combat and surveillance operations over Afghanistan. The five additional aircraft will be operated from the UK for the first time, rather than the US. The UK's existing Reaper drones, which are used to target suspected insurgents in Helmand province, have been operated from Creech air force base in Nevada because the RAF has not had the capability to fly them from Britain.
Martin Chamberlain, counsel for Khan, said that a newspaper article in 2010 had reported that GCHQ was using telephone intercepts to provide the US authorities with locational intelligence on leading militants in Afghanistan and Pakistan. 
The report suggested that the Cheltenham-based agency was proud of this work, which was said to be "in strict accordance with the law".
On the contrary, Chamberlain said, any GCHQ official who passed locational intelligence to the CIA knowing or believing that it could be used to facilitate a drone strike would be committing a serious criminal offence.
"The participation of a UK intelligence official in US drone strikes, by passing intelligence, may amount to the offence of encouraging or assisting murder," he said. Alternatively, it could amount to a war crime or a crime against humanity, he added.
Between June 2004 and September this year, according to research by the Bureau of Investigative Journalism, drone strikes killed between 2,562 and 3,325 people in Pakistan, of whom between 474 and 881 were civilians, including 176 children.
With the number of drone strikes increasing sharply under the Obama administration, the London case is one of several being brought by legal activists around the world in an attempt to challenge their legality of the programme.
In Pakistan, lawyers and human rights activists are mounting two separate court claims: one is intended to trigger a criminal investigation into the actions of two former CIA officials, while the second is seeking a declaration that the strikes amount to acts of war, in order to pressurise the Pakistani air force into shooting down drones operating in the country's airspace.

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