Saturday, October 1, 2011

Anwar al-Awlaki's Extrajudicial Murder

The law on the use of lethal force by executive order is specific. This assassination broke it – that creates a terrifying precedent

by Michael Ratner

Is this the world we want? Where the president of the United States can place an American citizen, or anyone else for that matter, living outside a war zone on a targeted assassination list, and then have him murdered by drone strike. [ AP)] Anwar al-Awlaki in 2008; the radical Islamic cleric has reportedly been killed in Yemen by a US drone strike. (Photograph: AP)

This was the very result we at the Center for Constitutional Rights and the ACLU feared when we brought a case in US federal court on behalf of Anwar al-Awlaki's father, hoping to prevent this targeted killing. We lost the case on procedural grounds, but the judge considered the implications of the practice as raising "serious questions", asking:

"Can the executive order the assassination of a US citizen without first affording him any form of judicial process whatsoever, based on the mere assertion that he is a dangerous member of a terrorist organisation?"

Yes, Anwar al-Awlaki was a radical Muslim cleric. Yes, his language and speeches were incendiary. He may even have engaged in plots against the United States – but we do not know that because he was never indicted for a crime.

This profile should not have made him a target for a killing without due process and without any effort to capture, arrest and try him. The US government knew his location for purposes of a drone strike, so why was no effort made to arrest him in Yemen, a country that apparently was allied in the US efforts to track him down?

There are – or were – laws about the circumstances in which deadly force can be used, including against those who are bent on causing harm to the United States. Outside of a war zone, as Awlaki was, lethal force can only be employed in the narrowest and most extraordinary circumstances: when there is a concrete, specific and imminent threat of an attack; and even then, deadly force must be a last resort.

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