The complex mumbo-jumbo of multiple legal standards for multiple scenarios, complete with calculations of necessity and distinction and proportionality and collateral damage, mars this report and any attempt to create enforceable action out of it. But the report does, tentatively, find one little category of drone murders illegal that encompasses many, if not all, U.S. drone murders -- namely, those where the victim might have been captured rather than killed:
"Recent debates have asked whether international humanitarian law
requires that a party to an armed conflict under certain circumstances
consider the capture of an otherwise lawful target (i.e. a combatant in
the traditional sense or a civilian directly participating in
hostilities) rather than targeting with force. In its Interpretive
Guidance, ICRC states that it would defy basic notions of humanity to
kill an adversary or to refrain from giving him or her an opportunity to
surrender where there manifestly is no necessity for the use of lethal
force."
by David Swanson
Pathetically, the report finds that if a government is going to pretend that murdering someone abroad is "self-defense" the action must be reported to the U.N. -- thereby making it sooooo much better.
A second UN report (PDF) goes further, citing findings that U.S. drones have killed hundreds of civilians, but failing to call for prosecutions of these crimes. That is to say, the first report, above, which does not list specific U.S. drone murders of civilians, discusses the need for prosecutions. But this second report just asks for "a detailed public explanation."
The fact that an insane killing spree is counter-productive, as pointed out to Obama by Malala, in case he hadn't heard all his own experts, is not enough to end the madness. Ultimately we must recognize the illegality of all killing and all war. In the meantime, prior to the U.N.'s debate on this on the 25th, we can add our names to the growing movement to ban weaponized drones at http://BanWeaponizedDrones.org
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