Drones under UN Scrutiny

Air Commodore (R) Khalid Iqbal

Unmanned Combat Aerial vehicles more commonly known by their innocent sounding
nomenclature drones have ultimately come under the UN scrutiny. For the first time,
the UN General Assembly has pronounced itself on the ever-increasing use of armed
drones in the pursuit of war on terror. The United Nations General Assembly (UNGA)
has unanimously passed a resolution against the employment of drones in foreign
territories.
Of late, Pakistan has shed its ambiguous stance on the drone issue and has assumed
a strong posture as an opponent of these strikes conducted with the help of unmanned
aircraft in its tribal areas. The political parties which form present federal and KPK
governments had contested the elections on the promise that if voted to power, they
would bring an end to drone attacks. The federal government is pursuing the matter at
diplomatic level; however, the KPK government has gone a step ahead and has
physically stopped the passage of vehicles carrying supplies for NATO/ISAF. However,
supplies are passing through the second route that runs through Baluchistan. Air
transport facility is also functioning smoothly.
Prime Minister Nawaz Sharif had raised the issue of drone attacks during his address to
68th ministerial session of the UNGA: The war against terrorism must be waged within
the framework of international law. The use of armed drones in the border areas of
Pakistan is a continued violation of our territorial integrity. It results in casualties of
innocent civilians and is detrimental to our resolve and efforts to eliminate extremism
and terrorism from Pakistan. I have urged the United States to cease these strikes, so
that we could avert further casualties and suffering. During his meeting with President
Obama on October 22, Nawaz Sharif had called upon the United States to end drone
strikes, saying they violated countrys territorial integrity, and were a major irritant in
relations between the two countries. On October 25, Pakistan renewed its demands for
an end to US drone strikes on its territory. Pakistans UN ambassador Masood Khan
had told a UN General Assembly rights committee debate: In Pakistan, all drone
strikes are a chilling reminder that reprisal strikes by terrorists are around the corner.

Numerous voices have persistently been raised against drone attacks from all over the
world, especially from within the US and a number of European countries. Pakistans
point of view also got support from a number of international forums, which highlighted
the political, legal and human rights related implications of this weapon system. In
October 2013, the London-based Bureau of Investigative Journalism had put the total
death toll, since the campaign began in Pakistan in 2004, between 2,525 and 3,613.
The Bureau stated that between 407 and 926 of those killed were civilians that
accounts for 16 to 25 percent of the total deaths.
As the critical mass gathered for regulating the employment of drones, the United
States came up with a time bound policy for finishing the weapon related employment
of drones and restricting its usage to surveillance. This was articulated in Obamas
famous crossroads speech. The UNGA resolution calls upon the main users of
remotely piloted aircraft, to comply with the international law; this includes the UN
Charter, human rights law and international humanitarian law. The portion about drone
strikes was included in the resolution as a result of intensive efforts made by the
Pakistan mission at the UN.
Although the text does not call for an end to drone strikes, it underscores the need for
an agreement among member states on legal questions stemming from such
operations. This resolution was co-sponsored by a record number of 81 countries, and
adopted by consensus. The text was recommended by the General Assemblys Third
Committee, which deals with social, humanitarian and cultural issues.
The resolution calls for taking into account relevant UN resolutions and decisions on
human rights and giving due consideration to recommendations of special procedures
and mechanisms of the Human Rights Council, and relevant comments and views of
UN human rights treaty bodies. This unanimous call was contained in a comprehensive
28-paragraph resolution, captioned: Protection of human rights and fundamental
freedoms while countering terrorism. The resolution also took note of the report of
Special Rapporteur, Mr Ben Emersson, on the promotion and protection of human
rights and fundamental freedoms while countering terrorism. Ben Emmerson had stated
in a written report that Pakistan had told him that 400 of the 2,200 victims of drone
attacks over the past decade were non-combatants.
The text also encouraged states while countering terrorism to undertake prompt,
independent and impartial fact-finding inquiries whenever there are plausible indications
of possible breaches to their obligations under international human rights law, with a
view to ensuring accountability. This resolution goes far beyond the drone issue.
Pakistan has been tabling this resolution since 1981; it serves to focus the worlds
attention on the struggle by peoples for their inalienable right to self-determination,
including those in Kashmir and Palestine. The resolution also declared UNs firm
opposition to acts of foreign military intervention, aggression and occupation, since
these have resulted in the suppression of the right of peoples to self-determination and
other human rights in certain parts of the world. The resolution also called upon those
States responsible to cease immediately their military intervention in and occupation of
foreign countries and territories, as well as all acts of repression, discrimination,
exploitation and maltreatment. It also deplored the plight of millions of refugees and
displaced persons who have been uprooted as a result of these acts and reaffirms their
right to return to their homes voluntarily in safety and honour. In a related development,
a new law has been approved by the US House of Representatives that seeks to
fiscally squeeze Pakistan if interruptions to the US/NATO ground supply routes through

Pakistan continue. The bill is expected to be approved by the Senate as well. Recent
partial interruptions in these supplies through KPK province are a result of public anger
over the US drone attacks. During his recent visit to Pakistan, the US Defence
Secretary Chuck Hagels is reported to have warned of reduction in economic aid if the
NATO/ISAF supplies are not restored. On the heels of Prime Ministers meeting with
the US Defence Secretary, Chuck Hagel, National Assembly of Pakistan has passed
yet another unanimous resolution against the US drone attacks, demanding an
immediate halt to drone attacks on the Pakistani territory. The resolution strongly
condemned these attacks, saying these constitute violation of the principles of the
Charter of the United Nations, international laws and humanitarian norms. Pakistans
Prime Minister also conveyed his deep concern over continuing American drone strikes
in the country's tribal regions. Hagel came to Islamabad after visiting Afghanistan at a
time when relations between Pakistan and the United States are under pressure over
several issues, particularly the controversial drone attacks in Pakistan's tribal regions.
This legislative instrument aimed at inflicting economic punishment on Pakistan is
contrary to the spirit of the UNGA resolution for which America has also cast an
affirmative vote. Hopefully, the US would go by the spirit of the UNGA resolution on
drones, and the bill to inflict economic damage on Pakistan would not reach the finality
of an Act.
{Carried by the Nation on December 23, 2013}.

Writer is Consultant Policy and Strategic Response at IPRI. Email:Khalid3408@gmail.com