This U.S. Court of Appeal's Second Circuit ruled that this redacted version of a 2010 Justice Department memo, which "signed off on the effort to target Anwar Al-Awlaki, an American citizen deemed a terrorist, for killing without a trial," had to be released, in response to FOIA requests filed by the New York Times and the American Civil Liberties Union.
President Barack Obama outlined on May 23, 2013, at the National Defense University, his administration's counterterrorism strategy, which include three areas: "targeted action against terrorists; effective partnerships; and diplomatic engagement and assistance." He discussed legal and moral concerns, and congressional oversight regarding the use of lethal targeted drone attacks and terrorist detention centers, and signed a policy directive to guide future operations.
Attorney General Eric Holder sent this letter on May 22, 2013, to U.S. Senate Judiciary Committee, addressing accountability, transparency, and legality of U.S. counterterrorism operations. He discloses previously classified information regarding the deaths of four U.S. citizens involved in terrorist groups, who were "outside the area of active hostilities" and were targeted by lethal drone attacks. This letter came before President Obama's speech at the National Defense University and his Presidential Policy Directive, which outline the administration's policies regarding counterterrorism operations, including drones and terrorist detention camps. See also the Department of Justice Memo: Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa'ida or An Associated Force.
Carla Anne Robbins says, "The drone war isn't going away. As the U.S. slashes budgets, the lethality and cost-effectiveness of drone strikes will likely make them an even more attractive option. But that doesn't mean the current policy is wise or even sustainable."
NBC News published this Department of Justice confidential white paper on February 5, 2013, which outlines the legal framework that would allow the U.S. government to "use lethal force in a foreign country" against a U.S. citizen highly involved with al-Qaeda or its associates. A bipartisan group of U.S. senators requested all classified documents related to the legality of targeted killings of Americans be released.
This Congressional Reseach Service report briefly summarizes the legal issues raised by the choice of forum for trying accused terrorists, and provides a chart comparing selected military commissions rules under the Military Commissions Act to the corresponding rules that apply in federal court.
News of planned military trials for five 9/11 suspects underscores the Obama administration's need to more forcefully defend the necessity of military tribunals if they are to have legitimacy at home and abroad, says CFR's Matthew Waxman.
Matthew C. Waxman discusses U.S. attorney general Eric Holder's address providing the Obama administration's legal rationale for targeted killings of certain al Qaeda suspects--including U.S. citizens.
Detainee policy that would mandate military custody for al-Qaeda suspects captured in the United States could have a detrimental impact on U.S. counterterrorism operations, say CFR legal experts Matthew C. Waxman and John B. Bellinger III.
Guantanamo Bay, where hundreds of terror suspects have been detained since 9/11, has underscored the need for flexibility and careful balancing in detainee policy to confront twenty-first-century threats, writes CFR's Matthew Waxman.
The Council on Foreign Relations' David Rockefeller Studies Program—CFR's "think tank"—is home to more than seventy full-time, adjunct, and visiting scholars and practitioners (called "fellows"). Their expertise covers the world's major regions as well as the critical issues shaping today's global agenda. Download the printable CFR Experts Guide.
The authors argue that it is essential to begin working now to expand and establish rules and norms governing armed drones, thereby creating standards of behavior that other countries will be more likely to follow.
The author examines Pakistan's complex role in U.S. foreign policy and advocates for a two-pronged approach that works to quarantine threats while integrating Pakistan into the broader U.S. agenda in Asia.