Friday, September 30, 2011

Drone Attack Legal

Questions arise about the legality of the U.S. killing an American citizen overseas who has not been charged with, or convicted of, a crime. Go here to see Pete Williams' treatment of the issue for NBC News. Let me state my view of the issue.

Suppose a U.S. citizen joined the military of a foreign power at war with the U.S. Would anyone question the legality of that citizen being shot in the pursuit of hostilities between the warring powers? Answer: no. Soldiers get shot in battle, everyone understands this.

Al Qaida has declared war upon the U.S. Anwar al-Awlaki, a
U.S. citizen, is on record as having joined al Qaida and taken a leadership role therein. His status is identical to that of a U.S. citizen who has joined a enemy's army.

The U.S. has a long history of targeting specific high-value members of an enemy's military. An historic example is the P-38 mission to shoot down Japanese Admiral Isoroku Yamamoto over Bougainville, code named Operation Vengeance. The mission succeeded, the Admiral was killed.