NEW YORK – In a Freedom of Information Act (FOIA) request filed today, the American Civil Liberties Union asked the government to disclose the legal basis for its use of predator drones to conduct "targeted killings" overseas. In particular, the ACLU seeks to find out when, where and against whom drone strikes can be authorized, and how the United States ensures compliance with international laws relating to extrajudicial killings.
"The American public has a right to know whether the drone program is consistent with international law, and that all efforts are made to minimize the loss of innocent lives," said Jonathan Manes, a legal fellow with the ACLU National Security Project. "The Obama administration has reportedly expanded the drone program, but it has not explained publicly what the legal basis for the program is, what limitations it recognizes on the use of drones outside active theaters of war and what the civilian casualty toll has been thus far. We're hopeful that the request we've filed today will encourage the Obama administration to disclose information about the basis, scope and implementation of the program."
The administration has used unmanned drones to target and kill individuals not only in Afghanistan and Iraq but also in Pakistan and Yemen. The technology allows U.S. personnel to observe targeted individuals and launch missiles intended to kill them from control centers located thousands of miles away.
Today's FOIA request was filed with the Department of Defense, the Department of Justice (including the Office of Legal Counsel), the Department of State and the CIA.
"The use of drones to conduct targeted killings raises complicated questions – not just legal questions but policy and moral questions as well," said Jameel Jaffer, Director of the ACLU National Security Project. "These are not questions that should be decided behind closed doors. They are questions that should be debated openly, and the public should have access to information that would allow it to participate meaningfully in the debate."
The ACLU's request seeks, in addition to information about the legal basis for the drone program, data regarding the number of civilians and non-civilians killed in the strikes. Estimates of civilian casualties from the government and human rights organizations differ dramatically, from the dozens to the hundreds, giving an incomplete and inconsistent picture of the human cost of the program.
The text of the FOIA request can be found here: www.aclu.org/national-security/predator-drone-foia-request
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