Trump cancels Obama policy of reporting drone strike deaths

In the latest step toward rolling back Obama-era rules for targeted killings, President Donald Trump will no longer require U.S. intelligence officials to publicly disclose the numbers of people killed in drone strikes and other attacks on terrorist targets outside of war zones.

Trump ended the reporting requirement by signing an executive order Wednesday. The move had been expected since the administration last year failed to release an annual accounting of civilian and enemy casualties required under an order signed in 2016 by then-President Barack Obama.

The order signed by Trump revokes a specific requirement that the administration release an unclassified summary of “the number of strikes undertaken by the United States government against terrorist targets outside areas of active hostilities, as well as assessments of combatant and noncombatant deaths resulting from those strikes, among other information.”

Obama dramatically expanded the use of targeted strikes with drone strikes against al Qaeda and the Islamic State group. He also sought to put in place a set of rules designed to promote accountability and encourage policymakers to minimize civilian casualties. Critics said those rules placed unwarranted constraints on counterterrorism operatives.

Among the rules was a requirement that there be a “near certainty” of no civilian casualties before the CIA launched a strike. That rule did not apply in war zones, where the standard is less strict. It’s unclear whether that rule remains in place.

The reporting requirement was the first-ever effort by the U.S. government to account for how many people have been killed in targeted strikes in places such as Pakistan, Yemen and Somalia.

Obama’s first report in 2016 said the U.S. launched 473 strikes from Jan. 20, 2009, until Dec. 31, 2015, killing 2,372 to 2,581 combatants and 64 to 116 noncombatants.

Outside groups have much higher estimates for the death toll in American drone strikes.

That requirement is now repealed.

Andrea Prasow, deputy Washington director at the Human Rights Watch, called Trump’s decision “deeply troubling.”

[NBC News]

Trump asked CIA official why drone strike didn’t also kill target’s family

President Trump reportedly asked an official at the Central Intelligence Agency (CIA) why they didn’t kill a terrorist target’s family during a drone strike.

The Washington Post reported Thursday after watching a recorded video of a Syrian drone strike where officials waited until the target was outside of his family’s home, Trump asked, “Why did you wait?”

The agency’s head of drone operations explained to an “unimpressed” Trump there are techniques to limit the number of civilian casualties.

Trump called for the CIA to start arming its drone in Syria and reportedly asked for it to be started in days.

[The Hill]

Reality

All four Geneva Conventions from 1949 contain “Common Article 3,” which applies to “armed conflict not of an international character.” What does that mean? The U.S. Supreme Court, in the 2006 case Hamdan vs. Rumsfeld, ruled that “armed conflict not of an international character” means a war that is not fought against a sovereign state. (A sovereign state simply means a country with a recognized government.) Since groups like ISIS are not considered sovereign states, that means that Common Article 3 applies to the current war on terrorism.

According to Common Article 3, people who are taking no active part in the hostilities “shall in all circumstances be treated humanely… To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever … violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture.”

Experts said this language would make Trump’s approach a violation of the Geneva Conventions, assuming that the family members were not taking part in terrorist activities.