USA: Transparency and accountability essential in use of
drones – UN human rights experts
GENEVA (29 April 2015) – A group of UN independent human
rights experts* today welcomed the US Government’s announcement of a review
into two counter-terrorism operations involving the use of drones, but they
stressed the need to ensure transparency and accountability.
The US Government acknowledged the accidental killing of
four individuals in counter-terrorism operations conducted in January in the
border regions of Afghanistan and Pakistan involving the use of drones,
following declassification of information related to the operations and
disclosure to the public.
“We welcome President Obama’s apology to the families. All
innocent victims of drone attacks deserve such an apology, regardless of their
nationality,” the experts stated.
“In my report to the UN General Assembly in 2013, I urged
the United States to declassify, to the maximum extent possible, information
relevant to its lethal extraterritorial counter-terrorism operations, and to
release its own data on all civilian casualties inflicted through the use of
remotely piloted aircraft, as well as information on the evaluation methodology
used,” said Ben Emmerson, the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism.
The experts stressed that it was crucial for this approach
to go beyond these incidents.
“Authorities are often obliged to plan these sorts of
counter-terrorism operations on the basis of factual hypotheses that cannot be adequately
verified due to incomplete or conflicting information,” the experts observed.
“Purely ex post facto assessments into what has possibly gone wrong are
important for the purposes of evaluating impact, identifying lessons learnt and
putting in place operational arrangements to mitigate against repetition,” they
noted. “However, they are not enough for a finding of State, as well as
individual, responsibility.”
“It is critical that whenever civilian casualties are
suspected, there is a proper procedure in place to ascertain the facts, and
that the facts are then made public with a view to securing accountability and
reparations for the victims,” they said. “Any plausible allegation of killing
of or serious injury to civilians triggers the obligation to investigate. This
is an obligation that is imposed by international human rights law and
international humanitarian law on States using drones as well as on States on
whose territory such technology is used.”
“According to internationally recognized legal standards,
investigations must be prompt, impartial, independent and exhaustive,” added
Juan Mendez, the Special Rapporteur on torture.
The experts stressed that, subject to redactions on the
grounds of legitimate national security, their results must be open to public
scrutiny, and, where appropriate, adequate reparation to victims and their
families must be offered.
“Ultimately, the lawfulness of Government action should be
subject to independent and effective judicial review, both at the domestic, and
at the international level,” said Gabriela Knaul, the Special Rapporteur on the
independence of judges and lawyers.
The experts also expressed hope that the commitment made by
the US Government will provide new impetus towards a concerted response by the
international community to the unresolved controversies surrounding the use of
armed drones.
“The legal framework for maintaining international peace and
the protection of the right to life is a coherent and well-established system.
States using drones have an obligation to respect international standards and
prevent violations,” said Christof Heyns, the Special Rapporteur on
extrajudicial, summary or arbitrary executions, cautioning against broad and
permissive interpretations of the current international rules and standards.
“There are a number of legal questions on which there is
either no clear international consensus, or where current practices and
interpretations appear to need further discussion,” noted Ben Emmerson. “Only a
legitimate consensus across the international community can pave the way to a
sound, ethical and legal response to these questions.”
The experts stressed that armed drones should be used in a
manner that is compatible with international law.
(*) The experts: Ben
Emmerson, Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism; Juan Méndez, Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment; Christof Heyns, Special Rapporteur on extrajudicial, summary or
arbitrary executions; and Gabriela Knaul, Special Rapporteur on independence of
judges and lawyers.
ENDS
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity. Learn
more, log on to: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx
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