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Will the US respect Yemeni parliament’s vote on drone attacks?

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In a speech just four years ago, US admiral Mike Mullen, then chair of the joint chiefs of staff, outlined the US government’s approach to Yemen in an address to the US Naval War College.  By 2010, Yemen, which lies on the southwestern edge of the Arabian peninsula, had become an increasingly worrying front in US global efforts to confront Islamic terrorism:USflagyemen flag

Mullen said people ask him often if the United States is going to send troops to the nation. “The answer is we have no plans to do that, and we shouldn’t forget this is a sovereign country,” he said. “Sovereign countries get to vote on who comes in their country and who doesn’t.”

In what is the first vote of its kind, Yemen’s parliament voted on Sunday for a halt to US-initiated drone strikes that locals say killed more than a dozen civilians in a wedding party on December 11 — the attack, which took place in the central Yemeni province of al-Baydaa, is just one of many strikes in 2013, and it’s not the first one to have resulted in civilians deaths.  But the attack attracted widespread condemnation from both inside Yemen and internationally, leading to Sunday’s unanimous parliamentary vote.

In light of the ‘Mullen doctrine,’ you might expect the United States to pause its drone strikes on the country, right?

Wrong. The parliamentary vote wasn’t binding on the Yemeni government, and Yemen’s parliamentary powers pale in comparison to those of the president, Abd Rabbuh Mansur Hadi, vice president between 1994 and 2012 and the hand-picked successor to Yemen’s longtime ruler Ali Abdullah Saleh and the Yemeni ruling party, the General People’s Congress (المؤتمر الشعبي العام‎, Al-Mo’tamar Ash-Sha’abiy Al-‘Aam), which itself controls 238 of the 301 seats in Yemen’s Majlis al-Nuwaab (House of Representatives).

Yemen, alongside Tunisia and Egypt, was among the vanguard of countries where the so-called Arab Spring peaked — though Saleh held on through mass protests in January and February 2011 against corruption and economic mismanagement, an assassination attempt in July 2011 left him severely injured and burned.  But the stage-managed transition from Saleh to Hadi has barely addressed the long-standing complaints of the Arab Spring protestors, let alone the more fundamental regional divides that have long plagued Yemen, which emerged as two quasi-independent states in 1918 out of the collapse of the Ottoman empire.

Meanwhile, the US government denies that the December 11 drone strike killed anyone but ‘militants,’ despite evidence to the contrary and a deluge of protest across the Arab world.  Even the United Nations is now calling on the United States to provide answers about the error. 

As Adam Baron, a reporter based in the Yemeni capital of Sana’a wrote last week in Foreign Policy,

The exact nature of the error is still a matter of speculation. It was hard not to wonder if the wedding convoy was mistaken for something more sinister — that someone in the bowels of the U.S. intelligence community concluded that vehicles carrying heavily armed wedding guests were actually an al Qaeda convoy. Some tribal contacts said that there were high-ranking militants near the site of the strike, and a Yemeni official briefed on security matters told me a vehicle hit in the attack had been linked to a prominent local al Qaeda leader. Either way, any “suspected militants” present were surrounded by civilian bystanders.

Nonetheless, the United States seems unlikely to swerve from its low-grade war against Al-Qaeda in the Arabian Peninsula (AQAP).  The drones will continue — and they will, in all likelihood, continue to kill innocent civilians, each of which has the potential to drive everyday Yemenis closer to AQAP and away from the United States.  Just last week, when AQAP attacked Yemen’s defense ministry, it also accidentally struck people in a hospital inside the ministry — and its leaders were fast to apologize for the error in targeting the hospital and agreed to pay ‘blood money’ to the relatives of those killed in the attack.

How did we get to the point where al-Qaeda seems more accountable than the Obama administration for civilian deaths in Yemen?

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Jeremy Scahill’s tour de force about the covert and clandestine operations of both the Obama administration and the administration of George W. Bush, Dirty Wars: The World is a Battlefield, calls into question the legality of much of the basis for the notion that the executive branch can claim the entire world is essentially the ‘battlefield’ for the global war on terror.  In particular, the Obama administration’s record in Yemen alone remains troubling.

Abdulrazaq Al-Jamal, an expert specializing in Al-Qaeda affairs, summarized the Yemeni argument against the US strikes in an interview earlier this week with the Yemen Times, arguing that the US drone strikes are illegal, that they encourage  AQAP and they expose Yemen’s own government as a failure:

I think there is no difference between the raid that targeted the wedding convoy in Ra’ada and the previous raids that targeted Al-Qaeda and any Yemeni [citizens]. American [spying] and shelling, in principle, is wrong because it kills illegally and without trial. I cannot differentiate between strikes that target Al-Qaeda members and strikes that [might] target citizens because these strikes are [made outside of the legal system]. I disagree with those who differentiate between them because it is a violation of Yemeni sovereignty to kill [any Yemeni citizens, be they Al-Qaeda members or not]….

I don’t think that American drones are [stopping tribes from] protecting Al-Qaeda members as [drones] may cause several tribes to [actually] join Al-Qaeda. I think that if American drones continue to violate Yemen’s sovereignty and kill civilians, the tribes will not only protect Al-Qaeda affiliates but will join Al-Qaeda themselves.  Seeking help from American drones [instead of handling Al-Qaeda itself] proves that the Yemeni government is a failed one.

Saleh, and now Hadi, have played a wily game of rope-a-dope with the United States in the post-9/11 era, seeking ever more funding and training for forces to fight ‘terrorism,’ while routinely deploying those forces in furtherance of pushing back against internal regionalists.  Most recently, that means the Shiite Houthi rebellion that began in the mid-2000s in northeastern Yemen, but it also includes forces to maintain tentative control over south Yemen, a wide swatch of country that includes not only the southern shore and the key port of Aden, but also the eastern half of Yemen that borders Oman.  Saleh, who came to power in north Yemen in 1978, only managed to unify the two parts of Yemen in 1990, and even then, fought a civil war in 1994 and continual unrest thereafter.  As AQAP grew in Yemen, south Yemen has become a territorial stronghold in a country where local power still runs on largely tribal lines, and the line between tribal leader and militant leader is often dazzlingly blurred.  While Yemen is also split on religious lines (around 45% to 50% of the country belongs to the Zaydi Shi’a sect and around 50% to 55% of the country is Sunni) Yemen’s Shiites are clustered in the northwestern corner of the country.

US meddling comes at a delicate time for Yemen, whose leaders are working on a new agreement to grant self-rule powers to the autonomous south in a move toward a more federal Yemen.  The powerful Yemeni Socialist Party (الحزب الاشتراكي اليمني, Al-Hizb Al-Ishtiraki Al-Yamani), which controlled south Yemen during its period of independence through 1990, opposes the latest effort, and it continues to support a two-region state, not the six-region state that Hadi and the current Yemen government supports.  If an agreement can be reached, Yemenis will vote in a constitutional referendum in February 2014.   Continue reading Will the US respect Yemeni parliament’s vote on drone attacks?

Questions on the U.S. war on terror, Obama’s big speech and its effect on world politics

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There’s a lot to unpack from the wide-ranging speech that U.S. president Barack Obama gave this afternoon on the United States and its ongoing military action to combat terror organizations.USflag

I got the sense that Obama’s been anxious to make this speech for some time and to make the terms of debate over targeted attacks from unmanned aircraft — ‘drones’ — public.  The speech itself came after U.S. attorney general Eric Holder admitted in a letter for the first time that U.S. drones killed Anwar al-Awlaki in Yemen, as well as three other U.S. citizens accidentally.  It’s important to recall, furthermore, that Obama only first publicly acknowledged the drone strikes in Pakistan last year during an online chat.

It’s far beyond my blog’s realm to delve far into the speech in specificity — Benjamin Wittes has already done that in a series of blog posts (here and here) at Lawfare that are more articulate than anything I could produce in such a short time frame.  But when the president of the United States delivers a wide-ranging address on the U.S. war on terror, it has so many effects on world politics that it’s impossible not to think about how policy may change in the remaining years of the Obama administration.

Those policy decisions are incredibly relevant to international law and politics, but also in the domestic politics of two dozen countries — Pakistan, Yemen, Iraq, Afghanistan, Somalia, and so on.

What I do have, however, are a lot of questions that remain following the speech — perhaps even more than I had before I watched the speech.

  • Associated forces.  Obama mentioned al-Qaeda’s ‘associated forces’ four times, but what exactly is an associated force?  The lack of any meaningful definition lingered awkwardly with every mention.  In many ways, this goes to the heart of the legal issue with the drone strikes in places like Yemen and Somalia, and whether they’re even authorized under the Authorization to Use Military Force (AUMF).  Al-Qaeda in the Arab Peninsula (AQAP) and al-Qaeda in the Islamic Maghreb (AQIM) share a name, and key links, but it’s really difficult for me to believe that impoverished radical Yemenis or Tuaregs are really so associated with the original iteration of al-Qaeda that Osama bin Laden led in 2001. Somalia’s al-Shabab is often described as a home-grown al-Qaeda, but is it an associated person? It’s even more doubtful than AQAP and AQIM.  Hamas and al-Qaeda are certainly mutually sympathetic and may well have mutual ties over the past two decades, but does that make Hamas an associated force?  In the same way, the Taliban in Afghanistan is not affiliated with the Tehrek-e-Taliban Pakistan (i.e., the Pakistani Taliban), but they’ve been a particular target of the Obama administration’s drone strikes in Pakistan — so much so that drone strikes were a top issue in Pakistan’s recent national elections.  So there’s a real question as to whether those actions legal — if those targets aren’t associated forces, the targets aren’t subject to the use of military force under the AUMF.
  • The precision of future drone strikes.  Obama has committed to more judicial use of drone strikes that have, as Obama admitted, killed civilians in the past, and though he didn’t exactly outline it in his speech, it’s reported that the U.S. military will take over some of the role that the Central Intelligence Agency has played in the drone strikes in recent years.  Nonetheless, the CIA has been reported to have used so-called ‘signature strikes,’ which target young men who live in areas known to be dominated by radical terrorist groups, though the strikes aren’t based on specific identification or intelligence that ties the targets to clear engagement against the United States.  Obama didn’t mention ‘signature strikes’ today.  But he argued that the use of drones is ‘heavily constrained’ and further bound ‘by consultations with partners’ and ‘respect for state sovereignty,’ and that drone strikes are only waged against terrorists ‘who pose a continuing and imminent threat’ when there are not other governments ‘capable of addressing’ that threat,’ and only when there’s a ‘near-certainty that no civilians will be killed or injured.’  That’s a much higher standard than what’s been reported in the past.  So was Obama describing past policy on drone strikes or future policy? What do assurances of more precision in the future mean when we don’t know the level of care with which the drone strikes have been effected in the past?
  • The oversight of future drone strikes.  It’s also unclear how the Obama administration believes oversight should be handled.  Obama, in his speech, noted that he’s asked his administration to review proposals for extending oversight on drone strikes, and he outlined several options, including something similar to the FISA courts that authorize electronic surveillance of U.S. citizens in the fight against terrorism.  But he’s in year five of his administration — shouldn’t this be something that his administration has already considered?  Will his administration be able to enact a system in time for Obama’s successor?  Will it even be based in statute so that it’s binding on future administrations?  All of this is unclear. Continue reading Questions on the U.S. war on terror, Obama’s big speech and its effect on world politics