Exception or Precedent? The remote-control killing by police of a suspect on US soil

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On July 8, 2016, a robot was used for the very first time to blow up a criminal suspect in the United States. Five Dallas city policemen had been slain, and several others injured. The perpetrator, Micah Xavier Johnson, was involved in a conversation with the police for a while, but when he began shooting again, the decision was taken to blow him up. The opportunity was there, the bomb-disposal robot was already in the possession of the police, and who could complain, given what this particular suspect had already done?

The robot used to blow up Micah Johnson was not a lethal drone, but it may as well have been. One might wonder how the police devised the idea of using a bomb-disposal robot to blow up a human being, but certainly the US drone program offers plenty of examples of the use of remote-control technology to incinerate, rather than capture, terrorist suspects.

US citizens have grown accustomed to their government killing people abroad, but the decision to kill by remote control in the homeland was extraordinary in that no attempt was made to incapacitate the suspect instead. In recent years, it has become increasingly clear that policemen in dangerous scenarios often opt to shoot to kill, aiming for the heart or head, not the suspect’s foot or hand. However, it is not the role of the police to execute but to take into custody suspects so that their guilt can be determined by a jury of peers and, if convicted, an appropriate penalty applied.

Despite the grisly nature of what was done to Micah Johnson, many commentators have insisted that the police chief made the right call in deciding to blow the man up. But was this in fact his call to make? The precedent set by this action would seem to be yet another step down an ever-more lethal continuum rendered considerably more so by the current US president, Barack Obama, whose policy it is to kill rather than capture suspected terrorists located abroad.

The US administration continues to claim that in all of its thousands of targeted killings, capture has been infeasible and the premeditated, intentional acts of homicide have been necessary in national self-defense, all part of the Global War on Terror. Obama’s authority to kill suspects anywhere he chooses to do so—both inside and outside areas of active hostilities—is said to derive from the Authorization of Use of Military Force (AUMF) conferred by the US congress upon President George W. Bush about fifteen years ago.

As technology has become more and more sophisticated, it is highly ironic that the restraints on killing wrought over millennia, and the great advances in institutions of justice, beginning with the 1215 Magna Carta, have been forgotten or set aside. The suspects killed in the Global War on Terror by lethal drone are presumed guilty until proven innocent, but they are denied the right to demonstrate their innocence. They are denied even the right to surrender and usually have no idea that they are about to be killed. They are simply eliminated from the face of the earth at the behest of the US president’s henchmen at a time of their choosing, as the “opportunity” arises.

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The blowing up of Micah Johnson by the police was triply ironic. Not only was he trained as a sniper by the US military, but the young African American was apparently protesting against police brutality against black men in the homeland. Johnson’s desire to “kill white people” arose out of anger at the police killings of a series of black men brought to the attention of the public by the Black Lives Matter movement over the past few years. But the response of the police to Johnson’s obviously misguided mission to target policemen was to ratchet up the brutality against black men yet another notch.

Rather than being riddled with bullets, the body of Micah Johnson, a black man, was blown up in a manner befitting a condemned building, not a human being. In saying this, I do not mean to suggest that shooting to kill unarmed persons is somehow less objectionable, but only that the degree of sheer violence is much greater and the denial of the victim’s personhood highlighted by the use of a bomb to eliminate him.

After the use of a robotic device to obliterate the suspect, several Dallas officials made public statements to the effect that there was no other way to neutralize the threat posed by Micah Johnson. I can think of several. How about bombing the place where he was located with tear gas? SWAT teams certainly have gas masks in their arsenal of equipment, so the place could have been literally fumigated with gas using the same robot to deliver not explosives but agents of lachrymation. Or how about bombing the place with a gaseous form of sedative to knock him out so that the place could be secured and accessed by a team who would then be able to take the man into custody?

In this regard, the case of Micah Johnson bears comparison to that of Osama bin Laden, who was also executed when in fact he might have been shot with tranquilizer plugs rather than bullets. His unconscious body could have been lifted out of Abbottabad just as his corpse was, but the decision was taken by Obama to kill him instead. Bin Laden was widely reviled as the mastermind behind the terrorist attacks of September 11, 2001, and if not the architect, he was at the very least their inspiration, given his enthusiastic exhortations that Al Qaeda members wage jihad against the United States in retaliation to what he regarded as inexcusable war crimes, especially in the 1991 Gulf War and its aftermath in Iraq.

The execution of Bin Laden and Micah Johnson are similar in another, even more significant, way. Both acts of killing look like exceptions, which took place in extraordinary circumstances. However, as precedents, both can be seen to set in motion a series of future actions modeled on them, because the exception swiftly transforms into the rule once initial inhibitions against intentional, premeditated homicide have fallen by the wayside. Under Obama’s greatly expanded drone program, which began in January 2009, shortly after the new president assumed his office, assassination of suspects has been rebranded as “targeted killing” and carried out primarily through the use of Hellfire missiles delivered by Predator drones.

The drone program and the execution of Bin Laden were mutually reinforcing. If lower-level “foot soldiers” whose names are not even known may be eliminated by drone, then why wouldn’t Bin Laden be fair game for elimination as well? Both the drone program and the execution of Bin Laden served to inform a further escalation of lethality when US citizen Anwar al-Awlaki was executed in Yemen by his own government.

Was Al-Awlaki anything like Bin Laden? Of course not. But Al-Awlaki was mythologized as an execrable bogeyman in the mainstream media to the point where most Americans came to believe that he was morally equivalent to Bin Laden. To this day, most people have no idea that Al-Awlaki spoke out against the crimes of 9/11. He was a voice of moderation at the time, calmly counseling the government not to make the mistake of acting in ways which could easily be misconstrued as waging a war on Islam.

That was precisely what the US government proceeded to do. They invaded Afghanistan in 2001 and Iraq in 2003, despite the fact that most of the perpetrators of 9/11 hailed from Saudi Arabia, the government of which was given a free pass. Rather than focusing on those ultimately responsible for 9/11, the US government set out to harass Muslims such as Anwar al-Awlaki to such an extent, using both the FBI and foreign governments (in his case, President Saleh of Yemen), that in some cases the targeted suspects transmogrified into self-avowed enemies.

Was Anwar Al-Awlaki an operational terrorist, or was he a propagandist and cheerleader of sorts for jihad? Whatever source of inspiration some of the apprehended perpetrators of terrorist plots may have drawn from Al-Awlaki’s sermons, the fact remains that they and they alone chose to carry out violent acts. The evidence supposedly convicting Al-Awlaki of the capital crimes allegedly justifying his summary execution without trial continues to be withheld on grounds of State Secrets Privilege under a pretext of national security.

Exceptions quickly transform into rules when more and more agents agree to follow suit. Case in point: only a few years after Obama’s 2011 decision to execute Al-Awlaki by lethal drone, then-UK Prime Minister David Cameron chose in 2015 to eliminate two British nationals located in Syria using lethal drones. Now, apparently, this is what the US government and its allies do. Find people, even fellow citizens, who appear to be up to no good, and if they are located in a Third World country or war zone, then it’s supposed to be perfectly fine to execute them without trial. Just make sure that you use a missile so that you can call it an “act of war”.

In the case of Micah Johnson, the Dallas cop killer who was blown up by a robotic device operated by remote control, people may say that he obviously deserved to die and the police had no intention of risking the lives of any more of their comrades. But there were other “suspects” identified at the time of the crime as well, who might also have been blown up using robots, were they available, and had those suspects been located.

One fellow’s face was spammed all over Twitter. It turned out that he was not involved. What if some vigilante had taken him out, under the assumption that he needed to be neutralized? What if the angry Dallas police force had located that suspect and blown him up for the very reason that he adamantly denied having done anything wrong? He would have become the homeland analogue to collateral damage, now that the weapons of war are being used by law enforcement.

The risk aversion of war makers steadily increased over the course of only a couple of decades to the point where sacrificing the lives of civilians on the ground “outside areas of active hostilities” has come to be considered perfectly acceptable among US leaders. These are places where deadly missiles are being directed toward suspected terrorists even though they are not threatening anyone with death at the time when they are killed, and least of all US citizens. Indeed, the targets are usually unarmed, located as they are “outside areas of active hostilities”.

Given how the drone program inclined administrators toward killing rather than capturing Bin Laden, and given how the killing of Bin Laden then inclined administrators to kill even US citizen suspects by lethal drone, I predict a similar lethal turn in law enforcement in the homeland in the aftermath of the obliteration of Micah Johnson by remote control. It does not matter that his case was exceptional. The case of Bin Laden was exceptional, too.

The same risk aversion seen among the “light footprint” war makers led by Obama will begin to infect police departments all over the United States as the commanders of men in blue become less and less willing to allow them to die, even when the risk of killing innocent bystanders will obviously increase. It is of course rational to attempt to protect soldiers and policemen. But is it not finally time to reconsider the infinite price in innocent life being paid in the quest to kill allegedly evil people, whose importance is given higher priority than anything else? Is this focus on death to the exclusion of all other considerations not the ultimate expression of nihilism?

What is most remarkable of all about the myopic, glaucomic, and amnesiac paradigm of lethal centrism is that given the never-ending series of mass killings being perpetrated all over the place—in Paris, Brussels, San Bernardino, Orlando, Nice, Dallas, Baton Route, Munich—we now have ample evidence that this single-minded focus on lethality is not keeping people in the West safe.

As a matter of fact, “Kill don’t capture” and “Strike first, suppress questions later”, the Obama administration’s signature policy, serves as an incredibly destructive example to lone wolf killers, would-be jihadists, and angry activists alike who emulate governments when they decide to take up arms and perpetrate mass homicide as a way of expressing their grievances.

 

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2016 paperback edition with a new foreword available for pre-order at Amazon: http://www.amazon.com/Kill-Because-Can-Soldiering-Assassination/dp/1783605472?ie=UTF8&qid=&ref_=tmm_pap_swatch_0&sr=

 

“We Murdered Some Folks”: How Self-Styled Drone Warrior US President Barack Obama Normalized War Crimes (Part 3)

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I doubt that anyone would or could have predicted it a century ago, but today the US government has a generously funded program for hunting down and killing human beings. The program’s aim is not to stop aggressors in their tracks, to trap or apprehend them and thereby prevent them from causing harm to others. No, the aim is to annihilate these people on the spot before they have the chance to act on ideas in their mind, to hatch what teams of analysts believe may be evil schemes.

The personnel who identify targets for obliteration do this by looking at signals intelligence (SIGINT), video footage taken from drones and metadata from cellphone and SIM card use. When there are assets in the vicinity of the prospective targets, SIGINT is sometimes supplemented by human intelligence, or HUMINIT, information provided by bribed informants on the ground. Using a variety of algorithms and heuristics such as “disposition matrices” of typical terrorist behaviors, lists are drawn up of people to be eliminated by lethal drones.

This is a remarkable development in the history of humanity, not because the intentional, premeditated killing of human beings with the aim of annihilation is somehow new—that’s just the definition of murder, after all. Nor is political murder somehow unique or new to the Drone Age—it is not. The targeted killing of thousands of human beings who did not pose a threat to their killers nor to any other person when they were destroyed is surprising because the practice is being championed by a government which claims to defend human rights.

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It is in some ways even more shocking that so few people appear to be shocked—or even mildly bothered—by the fact that their tax dollars are being used to stalk, hunt down, and kill persons for reasons as vague as that they appear to be associated with radical Islamist groups.

The US government’s “Summary of Information Regarding U.S. Counterterrorism Strikes Outside Areas of Active Hostilities,” released on July 1, 2016, openly admits to killing thousands of these persons located “outside areas of active hostilities”, which is to say, nowhere near US troops. They are said to pose “imminent” threats, where “imminent” no longer implies “immediate” (see the Department of Justice White Paper of June 2010), but rather connotes a type of potential future threat which may materialize, if the person is permitted to continue to live.

When missiles are fired on these places, which are usually remote and difficult to access territories inhabited by tribal groups, they suddenly become “battlefields”—well, sort of. The reason why the CIA runs the drone program in countries not under occupation is because they are protected by the covert status of the operations and have no obligation to explain much of anything to anyone, as is well illustrated by the recently released report.

At the same time, the only way the killers can excuse as collateral damage the deaths of innocent people who perish during missions intended to kill “bad guys” is to redefine “outside areas of active hostilities” to mean “war zones”. This is flatly a contradiction. A place cannot both be and not be a war zone at the same time. As though to insulate the killers from logic mongers and critics more generally, the report claims that only a tiny proportion of the civilian casualties found by independent sources—human rights groups, activists, investigative journalists—were in fact civilians. The explanation is supposed to be that these well-meaning advocacy groups have all been taken in by terrorist group propaganda. No matter that many of the victims have been named—the US government stands firm in denying that most of those civilians were in fact civilians.

One reason for the large difference in the numbers appears to be the ongoing categorization of military-age males in targeted areas as “Enemy Killed in Action” or EKIA, which was revealed in classified government documents made public by the Intercept. There is a footnote near the opening of the July 2016 report denying this to be the case, but the assumption underlying the government’s ongoing use of “signature strikes”, that is, the targeting of persons of unknown identity, would provide the best explanation for the fact that so few civilian casualties are acknowledged by those running the US drone program.

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Without being provided with a list of the names of the civilians destroyed, it is impossible to know whether, for example, Abdulrahman Al-Awlaki, who was killed two weeks after his father (Anwar Al-Awlaki), was considered a “combatant” or not. The younger Al-Awlaki was killed with a group of friends, who, if admitted to be civilians would have used up a fair proportion of the estimated range of from 64 to 116 noncombatant casualties during the period from January 20, 2009, to December 31, 2015. The Al-Awlakis were killed in 2011.

In any case, the disturbing conflation of “insurgents” and “dissidents” with “terrorists” persists, as though there were not a world of difference between a rifle-bearing tribesman with the potential to rise up against his central government authority and someone like Osama bin Laden, whose aspirations were clearly international. But these subtleties are brushed aside as so much nitpicking, with all “evil-seeming people”generally dark-skinned, able-bodied Muslim maleslumped into the same category of “enemy combatants” to be eliminated from the face of earth before they have the chance to harm somebody in the United States.

The likelihood that any of Obama’s victims would ever have made it to US shores seems miniscule. Instead, persons already located in the West who sympathize with Obama’s victims—in Paris, Brussels, San Bernardino, Orlando—are far more likely to perpetrate revenge attacks against what they rightly regard as the US government’s “vicious, calculated, and despicable” campaign of murder.

The more such terrorist attacks are undertaken in response to the US government’s revved-up killing machine, the more lethal drone advocates claim that we need to kill even more. No need to win over “hearts and minds” when each new No 2 ISIS or Al Qaeda or Al Shabaab leader who emerges from the ranks of younger and younger foot soldiers can be incinerated with a Hellfire missile.

One hopes that, with time, more and more people will begin to awaken to the execrable nature of what is being done in their name. If the species still exists in 100 years, perhaps the president of the United States will eventually own up to the truth: “We murdered some folks.”

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We Reap What You Sow, Mr. President…

“Vicious, calculated, despicable”–that’s how Obama characterized the Dallas shooting. Those terms apply even more so to Obama’s own drone program, through which thousands of brown-skinned human beings have been summarily executed on suspicion of potential possible complicity in possible future terrorist attacks.

Sad to say, but Obama’s primary legacy is to have normalized assassination and war crimes (drone targets are not warned and are unarmed when outside areas of active hostilities–that is, not in war zones).

Obama has also served as a role model for the mass killers in the United States. The latest disgruntled veteran (probably another PTSD victim on psych meds…) was even “taken out” on US soil using a lethal drone. Yet another ghastly precedent set by Obama when he chose to incinerate Anwar Al-Awlaki and his son in 2011 using Hellfire missiles launched by Predator drones.

We reap what you sow, Mr. President.

 

comment posted on the article “US Central Command: 2 Yemen Strikes Kill 4 al-Qaida Members,” published on July 8, 2016, at the Washington Post

Suspects versus Combatants: How Self-Styled Drone Warrior US President Barack Obama Normalized War Crimes (Part 2)

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It’s official: the US government has now confessed to having intentionally and premeditatedly killed at least 2,372 persons in places where US force protection was not the reason for the acts of homicide. They also admit to having unintentionally killed at least another 64 persons who were doing nothing other than going about their lives in their civil societies. These are remarkable admissions. Why? Because the approximately 2,400 acts of homicide are openly and unselfconsciously acknowledged to have taken place not where the lives of US military personnel or other citizens were at stake, but “Outside Areas of Active Hostilities”.

Persons killed “Outside Areas of Active Hostilities” were living in places which were not war zones. There were no “active hostilities” underway. The targets slain by lethal drones in such places were not directly threatening any other human being with death at the moment when they were killed. The more than 2,400 recently confessed homicides were committed in the victims’ civil societies. In other words, the stalking and hunting down of these people constituted acts of assassination, not acts of war. These were extrajudicial executions, authorized by the US president in the name of national self-defense.

The equivocation between criminals and soldiers began under the Bush administration, which waged full-scale wars on Afghanistan and Iraq in response to the crimes of September 11, 2001, instigated by a relatively small group of persons most of whom hailed from Saudi Arabia, which strangely (or not) received a “get out of jail free” pass from the US government.

In the case of the targeted killing program using lethal drones, the US government under Obama also wishes to have it both ways, treating the targets as convicted criminals whose just desert is death, while simultaneously invoking Article 51 of the United Nations Charter and a state’s “inherent right to self defense” as the reason for killing all of these people, with the innocents written off as “collateral damage”.

Scholars of international law have repeatedly observed that Article 51 is only relevant when the nation against which military action is taken has actively initiated hostilities against the nation claiming to defend itself. In other words, Article 51 is inapplicable to these acts of homicide, because, by the US government’s own acknowledgement, they have taken place “Outside Areas of Active Hostilities”. A war zone is a site of active hostility. Afghanistan, Iraq, and Syria are identified as “areas of active hostilities” in the US government’s recently disseminated “Summary of Information Regarding U.S. Counterterrorism Strikes Outside Areas of Active Hostilities.”

The persons reported on in the July 1, 2016, document were killed between January 20, 2009, and December 31, 2015, and resided in remote territories of tribal regions in Yemen, Somalia, Pakistan, Libya, and possibly other places as well—the countries are not named because the homicides perpetrated outside of active war zones are being carried out under the authority of the CIA, not the Pentagon, and so count as covert operations.

The transparency infamously championed by Obama ends up amounting to this:

We will admit to having killed these people, but we won’t tell you who they were, when they were killed, or why (beyond the fact that we have decided that they were enemies of the state). All of that sort of information is classified. Just trust us, we know what we’re doing.

Even if the US government somehow became willing to divulge the names of their targets, it turns out that most of the names are not known anyway. The question, therefore, must be posed: How did the US government know that they were terrorists? The answer, I regret to say, is: They did not.

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The victims were all suspected terrorists, just like the persons interned at Guantánamo Bay prison in Cuba, 86% of whom were later determined to have had no connections to terrorist groups. They may have looked like terrorists. They may have dressed like terrorists. Their comportment may have matched the “disposition matrix” of behaviors typical of terrorists—carrying weapons, wearing turbans, hollering out in anger at the invaders of their land—but most of those men, incarcerated under the authority of President George W. Bush, were not terrorists at all. They were suspects who turned out to be innocent.

The Obama administration’s manner of dealing with persons suspected of complicity with terrorist groups has been summarily to execute them all: “Kill don’t capture” or “Take No Prisoners” is, sad to say, the Obama administration’s signature foreign policy initiative. Once the persons killed by drone strikes are dead, they are categorized as “enemy killed in action”, or EKIA, which we know not from the July 1, 2016, report but from classified US government documents made public by The Intercept thanks to a whistleblower.

It is impossible to overemphasize the importance of this fact, so let me reiterate it as plainly as I can: The persons killed by Obama “Outside Areas of Active Hostilities” have precisely the same status as the persons imprisoned at Guantánamo Bay. Obama’s terrorist suspects have been executed rather than rendered to secret torture facilities and held without charges for many years, but that certainly does not imply that they were guilty. Instead, it implies that Obama has committed war crimes. He has executed thousands of human beings on suspicion of their potential for possible complicity in future possible terrorist plots.

When will the Obama apologists finally open their eyes to the atrocities committed by him in their name?

 

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2016 paperback edition with a new foreword available for pre-order at Amazon: http://www.amazon.com/Kill-Because-Can-Soldiering-Assassination/dp/1783605472?ie=UTF8&qid=&ref_=tmm_pap_swatch_0&sr=

Do the Math: How Self-Styled Drone Warrior US President Barack Obama Normalized War Crimes (Part 1)

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 It’s hard to know where to start in addressing the US government’s “Summary of Information Regarding U.S. Counterterrorism Strikes Outside Areas of Active Hostilities,” released on Friday, July 1, 2016, before the long holiday weekend, in the apparent hope that no one would read it.

Some of us did. The report claims, preposterously, that in 473 drone strikes “against terrorist targets outside of active hostilities,” a total of from 2,372 to 2,581 combatants were killed, along with from 64 to 116 noncombatants. These numbers are shockingly low, given the many detailed reports on drone killing issued by NGOs and human rights groups since 2009.

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Even Senator Lindsey Graham claimed back in 2013 that drone strikes had, by then, already taken out some 4,700 “terrorists”. That’s about twice the number the administration is claiming were killed during a period of time even two years longer, from January 20, 2009, when Obama killed a slew of innocent people in Pakistan in a series of missile strikes which provoked mass protests in Islamabad (captured for posterity on film, so, no, they cannot be denied), and December 31, 2015.

Should anyone care what Lindsey Graham says? Maybe not, but given that he is a foreign policy insider, and longtime member of the Committee on Armed Services, there is some reason for believing that when he boasts that nearly 5,000 “terrorists” were killed, then at least that many suspects have certainly been slain.

One possibility for the discrepancy is that Graham was including “areas of active hostilities” along with the  places covered by the recently reported numbers. The July 1, 2016, report excludes the death tallies from Afghanistan, Iraq, and Syria, where Obama has lobbed thousands of missiles. In fact, in 2015 alone, Obama authorized more than 23,000 bombings of Muslim majority nations, which suggests that, unless the bombs are being dropped by blindfolded pilots and drone operators, at least 23,000–and likely many more–people were killed by the US government that year.ObamaPakistanProtest

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Let us set aside the somewhat disturbing discrepancies between the recently issued report and the likely death toll of Obama’s many lethal initiatives, and focus today on the simple numbers detailed in the July 1, 2016, report. I’ll follow up with everything else wrong with the report, including how it flagrantly denies what transpired in January 2009, in the series of posts to follow.

First, if the range of combatants killed is said to be greater than the total possible number of noncombatants reportedly killed, then this alone suffices to demonstrate that the latter number can only be erroneous. The reason why there is a range for combatants is because the administration does not know how many they have killed. It could be 2,372 or 2,373 or 2,374, or anywhere up to 2,581, assuming charitably that these numbers are based on some form of attempted analysis and not merely pulled out of a hat or produced using a random number generator by someone in the public relations wing of the Pentagon or the CIA.

Suppose that the lowest number of the range of “combatants” were killed, that is, 2,372. This means that another 209 people who might have been combatants killed either were not combatants, or they were persons who were not killed at all. That’s either 209 corpses of unknown identity or 209 possible corpses. Either way, the fact that the US government does not know whether those 209 people were really killed and, if so, whether they were combatants, already reveals that the highest number of noncombatant deaths reported is false.

What the report should say, if it hopes to be taken seriously by anyone at all with even the most rudimentary understanding of arithmetic, is that between 64 and (116 + 209) = 325 noncombatants have been killed. Instead, the report pretends that the range of uncertainty on combatant deaths does not imply anything about the likely range of noncombatant deaths, when it obviously does. The reason why the government cannot decide whether 2,372 or some number up to 2,581 combatants were killed is because they were unable to confirm that the 209 people purportedly slain were in fact slain or else that they were in fact combatants.

This brings us to the next, much more serious problem, elaborated in Part 2 of How Self-Styled Drone Warrior US President Barack Obama Normalized War Crimes: “Suspects versus Combatants”.

 

to be continued…

 

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