CIA Drone Attacks Produce America's Own Unlawful Combatants

http://www.washingtonpost.com/wp-dyn/content/article/2010/03/11/AR2010031103653.html?nav=rss_opinion/columns

CIA drone attacks produce America's own unlawful combatants

By Gary Solis
Friday, March 12, 2010

In our current armed conflicts, there are two U.S. drone offensives. One is conducted by our armed forces, the other by the CIA. Every day, CIA agents and CIA contractors arm and pilot armed unmanned drones over combat zones in Afghanistan and Pakistan, including Pakistani tribal areas, to search out and kill Taliban and al-Qaeda fighters. In terms of international armed conflict, those CIA agents are, unlike their military counterparts but like the fighters they target, unlawful combatants. No less than their insurgent targets, they are fighters without uniforms or insignia, directly participating in hostilities, employing armed force contrary to the laws and customs of war. Even if they are sitting in Langley, the CIA pilots are civilians violating the requirement of distinction, a core concept of armed conflict, as they directly participate in hostilities.

Before the 1863 Lieber Code condemned civilian participation in combat, it was contrary to customary law. Today, civilian participation in combat is still prohibited by two 1977 protocols to the 1949 Geneva Conventions. Although the United States has not ratified the protocols, we consider the prohibition to be customary law, binding on all nations. Whether in international or non-international armed conflict, we kill terrorists who take a direct part in hostilities because their doing so negates their protection as civilians and renders them lawful targets. If captured, the unlawful acts committed during their direct participation makes them subject to prosecution in civilian courts or military tribunals. They are not entitled to prisoner-of-war status.

If the CIA civilian personnel recently killed by a suicide bomber in Khost, Afghanistan, were directly involved in supplying targeting data, arming or flying drones in the combat zone, they were lawful targets of the enemy, although the enemy himself was not a lawful combatant. It makes no difference that CIA civilians are employed by, or in the service of, the U.S. government or its armed forces. They are civilians; they wear no distinguishing uniform or sign, and if they input target data or pilot armed drones in the combat zone, they directly participate in hostilities -- which means they may be lawfully targeted.

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Gary Solis, an adjunct professor at Georgetown University Law Center, is the author of "The Law of Armed Conflict."

And the legality is questionable.

Has the USA ever ratified anything not in its own selfish interest ?

They are nothing more than assassins.