The Grim Reaper

Peter Lee‘s Reaper Force has just been published in the UK – later in North America.  I’ve argued before that it’s a mistake to abstract drones from other forms of aerial violence (and its history) and to treat it as the only modality of later modern war, but there is no doubt that Reaper Force is an important contribution to the critical analysis of  today’s remote warfare.  Peter won a remarkable degree of co-operation from both the Ministry of Defence and the RAF for his interviews with the crew of Britain’s Reapers – largely a result of the security clearance obtained when he was an RAF Chaplain – and the result is a series of rich and compelling stories:

This unique insight into RAF Reaper operations in Afghanistan, Iraq and Syria is based on unprecedented research access to the Reaper squadrons and personnel at RAF Waddington in Lincolnshire and Creech Air Force Base in Nevada, USA. The author has observed lethal missile strikes against Islamic State jihadists in Syria and Iraq alongside the crews involved. He has also conducted extensive interviews with Reaper pilots, sensor operators, mission intelligence coordinators, and spouses and partners. The result is an intimate portrait of the human aspect of remote air warfare in the twenty-first century.

Chris Cole trails the book over at Drone Wars UK with a lively interview with Peter – focusing, in part, on the question of civilian casualties – and there’s also an extended review by Joe Chapa (a major in the USAF) over at War on the Rocks:

The force of Lee’s contribution is not primarily in the raising of familiar issues about distance and psychology. Instead, by focusing on individual crewmembers and preserving personal narrative, Reaper Force brings to the fore a set of questions that have not yet been adequately addressed.

For example, no other work of which I am aware properly depicts the Reaper crew in the appropriate set of command relationships within the broader warfighting organizational structure. Many arguments about Reaper crews’ level of involvement in mission-critical decisions tend either to assume that the crew is so autonomous that they can carry out atrocities without accountability or that the command chain hierarchy is so suffocating that they have no choices to make and are in need of no moral courage from which to make them. The reality that comes through Lee’s narrative is more complicated. Often, the Reaper crew — indeed the whole coalition air component — acts as a supporting command, while the ground force remains the supported command. The result is the often-misunderstood close air support relationship. Though the joint terminal attack controller (JTAC) on the ground provides clearance for the aircrew to release the weapon, this clearance does not constitute an order. In the end, like two keys in a nuclear silo, the JTAC must provide clearance, and the Reaper pilot must “consent to release.” The result is a symbiotic relationship between air forces and ground forces, in which both the ground force commander and the pilot in command share the burden of responsibility for weapons release.

In practice, this means that “one of the many responsibilities faced by Reaper crews has been deciding when not to fire a missile or not to drop a bomb.” What happens when the JTAC calls for a weapon and all the legal requirements have been met but something feels wrong to members of the Reaper crew? Josh, one of Lee’s interview participants, describes it this way.

“Taking an objective ‘tick-box’ view we had an adult male emerge from a compound, armed, as friendly forces approached. The compound was in an area occupied by Taliban that had been engaging friendly forces, successfully, over the preceding few days. It met the criteria needed for a strike, we had all the approvals and authorization required. But the tiny details weren’t right.”

In this case, in contrast with the vertical hierarchy that is often assumed, the command relationships — and the authority of the Reaper pilot — seemed like an impediment for the ground force. Some RAF pilot half a world away thinks he knows what is best when it is the ground force that takes all the risk. The social and institutional pressures are palatable. “Brothers are going to die because of you,” the JTAC scolded the Reaper pilot over the radio. In this case, the Reaper pilot insisted that the armed man under the crosshairs was a farmer in the wrong place at the wrong time and not an enemy fighter in search of a fight. If this is not moral courage, then I do not know what is. Josh goes on to say, “trying to reassure the ground troops is not so easy, especially when you had just withheld a seemingly valid request for a shot. From the perspective of those on the ground waiting for a Taliban fighter to open fire at them was not a good tactic — but this was not a Taliban fighter.”

Sometimes the roles — those who want to shoot and those who want to withhold the shot — are reversed. In one instance, the Reaper crew watched an enemy sniper team target friendly forces through a “murder hole” in a stone wall. With some consistency, the team would depart a nearby building, fire upon friendlies through the murder hole, then return to the building. According to the restrictive rules of engagement under which the U.K. Reapers were operating, the crew was required to obtain positive identification of the enemy fighters by observing hostile activity prior to obtaining weapons release clearance. But each time the enemy team went back into the building, it invalidated the positive identification. Thus, time and again, the Reaper crew was unable to obtain positive identification and release a weapon before the enemy fighters returned to the building. The Reaper crew practically begged the ground force commander for a clearance to release the weapon, but the ground force commander insisted on submitting to the relevant restrictions. By the time the incident was over, a British soldier had been shot and was medically evacuated by helicopter. “It’s the closest I have been in my professional life,” the pilot said, “to pulling a trigger without a clearance.”

The final arbiter

There have been many interviews with ‘drone operators’ but most of them seem to have been with sensor operators serving with the US Air Force.  Some of the most cited have been ‘whistleblowers’ like Brandon Bryant while some reporters have described conversations with service members allowed to speak on the record during carefully conducted tours of airbases.  Some have even been captured on film – think of the interviews that frame so much of Sonia Kennebeck‘s  National Bird (though I think the interviews with the survivors of the Uruzgan drone strike are considerably more effective) – while others have been dramatised, notably in Omar Fast‘s 5,000 Feet is The Best.

But over at Drone Wars UK Chris Cole has just released something different: a detailed transcript of an extended interview with “Justin Thompson“, a former British (Royal Air Force) pilot who flew Reapers over Afghanistan for three years from Creech Air Force Base in Nevada.  He also spent several months forward-deployed to Afghanistan as a member of the Launch and Recovery element: remember that missions are controlled from the continental United States – or now from RAF Waddington in Lincolnshire – but the Reapers have an operational range of 1, 850 km so they have to be launched in or near the theatre of operations.

He served as a pilot of conventional strike aircraft before switching to remote operations early in the program’s development – the RAF started flying Reapers over Afghanistan for ISR in October 2007; armed missions began the following May – which gives Justin considerable insight into the differences between the platforms:

“The real difference with UAVS is persistence. That’s the big advantage as it allows you to build up a very detailed picture of what is going on in a particular area. So if you are in a particular area and a need for kinetic action arises, generally speaking you have already got knowledge of the kind of things you would need to know to assist that to happen. That’s versus a fast jet that might be called in having been there only five minutes, with limited fuel and with limited information – what it can get from the guys on the ground – Boom, bang and he’s off to get some fuel. That’s a bit flippant. It’s not quite like that, but you see what I mean.

“The big difference is the amount of detail we are able to amass about a particular area, not just on one mission, but over time. If you are providing support in a particular area, you develop a great deal of detailed information, to the point where you can recall certain things from memory because you were looking at this last week and spent two weeks previously looking at it and you know generally what goes on in this particular area. The other thing this persistence gives you is a good sense if something has changed or if something is unusual. You go ‘Hang on, that wasn’t there last week, someone’s moved it. Let’s have a look to see what is going on here.’”

Later, having discussed the Reaper’s entanglement of ISR (intelligence, surveillance and reconnaissance) with lethal strike (‘kinetic’) capabilities, he returns to the theme:

“If you are talking about kinetic action, I think essentially they [conventional aircraft and drones] are no different. It’s a platform in the air that has a sensor on board you are using to look at the ground. The picture you seen in a [Ground Control Station] is essentially the same as you would see in a fast jet. The sort of weapons you are delivering are exactly the same sort as you would be delivering from a fast jet. Essentially all of the principles are the same…

“A lot of things are significantly better in that you get much more extensive and much more detailed information on the area you are looking at and on any specific targets. That’s not because of any particular capability, it’s just because you can spend a hell of a lot more time looking at it.

“A fast jet pilot would, say, do a four month tour in some place. He’s got four months’ worth of knowledge and then he’ll be gone. He might come back in a year or two, but we are there for three years. Constantly, every day, building up massive amounts of knowledge and a detailed picture of what goes on. We come armed with so much information, and so much information is available to you, not just from your own knowledge, but from sources you can reach out to. You’ve got the text. You’ve got phones. You have got other people you can call on and drag into the GCS. You can get other people to look at the video feed. You can get many opinions and views….”

At times, he concedes, that can become an issue (sometimes called ‘helmet-fire’: too many voices in your head):

“If you want it, there can be a lot of other ‘eyes on’ and advice given to you. If you want something explained to you, if you want a second opinion on something, if you want something checked you can say “Guys, are you seeing this?” Or “What do you think that is?” And that is really useful. You can also reach out for command advice, for legal advice. The number of people who can get a long screwdriver into your GCS is incredible and it does happen that occasionally you have to say ‘Please can you get your long screwdriver out of my GCS’. But generally speaking, it’s well managed and people don’t interfere unless they think there is a reason to.”

He makes it clear that as an RAF pilot his was the final decision about whether to strike – he was ‘the final arbiter’ –  and discusses different situations where he over-ruled those other voices.

RAF Reaper strike in Afghanistan, 2010

Justin also talks about the ways his previous flying experience modulated his command of the Reaper (and here I think there are interesting parallels with Timothy Cullen‘s experience as an F-16 pilot and his important study of USAF Reaper crews: see also here):

“… [T]here is an idea that because you are not directly manipulating the control surfaces of an aircraft by being sat in it, that somehow lowers the skill level required in order to successfully operate one of these things. It may change some specifics in motor skills, but then so does an Airbus. Conceptually, you are wiggling a stick, pushing a peddle, turning a wheel. That gets converted into little ‘ones’ and ‘zeros’, sent down a wire to a computer that decides where to put the flying control surfaces and throttles the engines of the aircraft. It’s very similar, at least technically, in a modern airliner as in a Reaper. The level of skill required is similar. Piloting has only ever been 10% hand-flying skills, 90% is judgement and airmanship…

“For me, what I was seeing on the screen was very real. In addition to that for me it was more than just two-dimensional. My mind very easily perceived a three-dimensional scene that extended out of the side of the image. Whether that was because I was used to sitting in a cockpit and seeing that sort of picture I don’t know. Someone whose only background is flight simulators or playing computer games may have a different view. I relate it to sitting in an aircraft and flying it, others may relate it slightly differently…”

There’s much more in those packed 17 pages.  You can find Chris’s own commentary on the interview here, though his questions during the interview are, as  his regular readers would expect, also wonderfully perceptive and well-informed.

One cautionary note.  The time-frame is extremely important in commenting on remote operations, even if we limit ourselves to the technology involved.  The early Ground Control Stations were markedly different from those in use today, for example, while the quality of the video streams, their compression and resolution is also highly variable.  And there is, of course, much more than technology involved.

Degrees of intimacy

Drone warsNext month Cambridge University Press is publishing a book of essays edited by Peter Bergen and Daniel Rothenberg, Drone wars: transforming conflict, law and policy, due out from Cambridge University Press at the end of the year.  Here’s the blurb:

Drones are the iconic military technology of many of today’s most pressing conflicts, a lens through which U.S. foreign policy is understood, and a means for discussing key issues regarding the laws of war and the changing nature of global politics. Drones have captured the public imagination, partly because they project lethal force in a manner that challenges accepted rules, norms, and moral understandings. Drone Wars presents a series of essays by legal scholars, journalists, government officials, military analysts, social scientists, and foreign policy experts. It addresses drones’ impact on the ground, how their use adheres to and challenges the laws of war, their relationship to complex policy challenges, and the ways they help us understand the future of war. The book is a diverse and comprehensive interdisciplinary perspective on drones that covers important debates on targeted killing and civilian casualties, presents key data on drone deployment, and offers new ideas on their historical development, significance, and impact on law and policy. Drone Wars documents the current state of the field at an important moment in history when new military technologies are transforming how war is practiced by the United States and, increasingly, by other states and by non-state actors around the world.

And here is the Contents List:

Part I. Drones on the Ground:

1. My guards absolutely feared drones: reflections on being held captive for seven months by the Taliban David Rohde
2. The decade of the drone: analyzing CIA drone attacks, casualties, and policy Peter Bergen and Jennifer Rowland
3. Just trust us: the need to know more about the civilian impact of US drone strikes Sarah Holewinski
4. The boundaries of war?: Assessing the impact of drone strikes in Yemen Christopher Swift
5. What do Pakistanis really think about drones? Saba Imtiaz

Part II. Drones and the Laws of War:

6. It is war at a very intimate level USAF pilot
7. This is not war by machine Charles Blanchard
8. Regulating drones: are targeted killings by drones outside traditional battlefields legal? William Banks
9. A move within the shadows: will JSOC’s control of drones improve policy? Naureen Shah
10. Defending the drones: Harold Koh and the evolution of US policy Tara McKelvey
Part III. Drones and Policy Challenges:
11. ‘Bring on the magic’: using drones in combat Michael Waltz
12. The five deadly flaws of talking about emerging military technologies and the need for new approaches to law, ethics, and war P. W. Singer
13. Drones and cognitive dissonance Rosa Brooks
14. Predator effect: a phenomenon unique to the war on terror Meg Braun
15. Disciplining drone strikes: just war in the context of counterterrorism David True
16. World of drones: the global proliferation of drone technology Peter Bergen and Jennifer Rowland

Part IV. Drones and the Future of Warfare:

17. No one feels safe Adam Khan
18. ‘Drones’ now and what to expect over the next ten years Werner Dahm
19. From Orville Wright to September 11: what the history of drone technology says about the future Konstantin Kakaes
20. Drones and the dilemma of modern warfare Richard Pildes and Samuel Issacharoff
21. How to manage drones, transformative technologies, the evolving nature of conflict and the inadequacy of current systems of law Brad Allenby
22. Drones and the emergence of data-driven warfare Daniel Rothenberg

Over at Foreign Policy you can find an early version of Chapter 6, which is an interview with a drone pilot conducted by Daniel Rothenberg.  There are two passages in the interview that reinforce the sense of the bifurcated world inhabited by drone crews that I described in ‘From a view to a kill’ and ‘Drone geographies’ (DOWNLOADS tab).  On the one side the pilot confirms the inculcation of an intimacy with ground troops, particularly when the platforms are tasked to provide Close Air Support, which is in some degree both reciprocal and verbal:

“Because of the length of time that you’re over any certain area you’re able to engage in lengthy communications with individuals on the ground. You build relationships. Things are a little more personal in an RPA than in an aircraft that’s up for just a few hours. When you’re talking to that twenty year old with the rifle for twenty-plus hours at a time, maybe for weeks, you build a relationship. And with that, there’s an emotional attachment to those individuals.

“You see them on a screen. That can only happen because of the amount of time you’re on station. I have a buddy who was actually able to make contact with his son’s friend over in the AOR [area of responsibility]. If you don’t think that’s going to make you focus, then I don’t know what will.

“Many individuals that have been over there have said, ‘You know, we were really happy to see you show up’; ‘We knew that you were going to keep us from being flanked’; ‘We felt confident in our ability to move this convoy from ‘A’ to ‘B’ because you were there.’ The guy on the ground and the woman on the ground see how effective we are. And it gives them more confidence.”

GREGORY Angry Eyes Extract.001

[The image above is taken from my ‘Angry Eyes’ presentation; the Predator pilot in this instance was involved in orchestrating the air strike in Uruzgan province, Afghanistan on 21 February 2010, and the quotation is taken from the US Army investigation into the incident.  I’m converting the presentation into the final chapter for The everywhere war, and I’ll post the draft as soon as I’m finished.]

But when the pilot in Rothenberg’s interview goes on to claim that ‘Targeting with RPAs is very intimate’ and that ‘It is war at a very intimate level’, he reveals on the other side an altogether different sense of intimacy: one that is strictly one-sided, limited to the visual, and which resides in a more abstracted view:

“Flying an RPA, you start to understand people in other countries based on their day-to-day patterns of life. A person wakes up, they do this, they greet their friends this way, etc. You become immersed in their life. You feel like you’re a part of what they’re doing every single day. So, even if you’re not emotionally engaged with those individuals, you become a little bit attached. I’ve learned about Afghan culture this way. You see their interactions. You’re studying them. You see everything.”

The distinction isn’t elaborated, but the claims of ‘immersion’ and becoming ‘part of what they’re doing every day’ are simply astonishing, no?  You can find more on the voyeurism of ‘pattern of life analysis’ and the remarkable conceit that ‘you see everything’ here.

GREGORY Drones and the everywhere war 2014 Homeland insecurities.001

[The image above is taken from my ‘Drone geographies’ presentation]

The interview emphasises a different bifurcation, which revolves around the alternation between ‘work’ and ‘home’ when remote operations are conducted from the United States:

“”When you’re doing RPA operations, you’re mentally there, wherever there is. You’re flying the mission. You’re talking to folks on the ground. You’re involved in kinetic strikes. Then you step out the ground control station (GCS) and you’re not there anymore…

“Those are two very, very different worlds. And you’re in and out of those worlds daily. I have to combine those two worlds. Every single day. Multiple times a day. So, I am there and then I am not there and then I am there again. The time between leaving the GCS [Ground Control Station] and, say, having lunch with my wife could be as little as ten minutes. It’s really that fast.”

You can find much more on these bifurcations in my detailed commentary on Grégoire Chamayou‘s Théorie du drone here and in ‘Drone geographies’ (DOWNLOADS tab).

There’s one final point to sharpen.  In my developing work on militarized vision, and especially the ‘Angry eyes’ presentation/essay,  I’ve tried to widen the focus beyond the strikes carried out by Predators and Reapers to address the role they play in networked operations where the strikes are carried out by conventional strike aircraft.  Here is what Rothenberg’s pilot says about what I’ve called the administration of military violence (where, as David Nally taught me an age ago, ‘administration’ has an appropriately double meaning):

‘”Flying an RPA is more like being a manager than flying a traditional manned aircraft, where a lot of times your focus is on keeping the shiny side up; keeping the wings level, putting the aircraft where it needs to be to accomplish the mission. In the RPA world, you’re managing multiple assets and you’re involved with the other platforms using the information coming off of your aircraft.

“You could use the term ‘orchestrating’; you are helping to orchestrate an operation.”

***

Drone wars appears just as remote operations over Iraq and Syria are ramping up: you can find an excellent review by Chris Cole at Drone Wars UK here, ‘Drones in Iraq and Syria: What we know and what we don’t.’  The images below are from the Wall Street Journal‘s interactive showing all air strikes reported by US Central Command 8 August through 3 November 2014:

Air strikes in Iraq and Syria

During this period  769 coalition air strikes were reported: 434 in Syria (the dark columns), including 217 on the besieged border city of Kobane, and 335 in Iraq (the light columns), including 157 on Mosul and the Mosul Dam.

Air strikes in Iraq and Syria August-November 2014

But bear in mind these figures are for all air strikes and do not distinguish between those carried out directly by drones and those carried out by conventional strike aircraft.  As Chris emphasises:

‘Since the start of the bombing campaign, US drones have undertaken both surveillance and strike missions in Iraq and Syria but military spokespeople have refused to give details about which aircraft are undertaking which strikes repeatedly using the formula “US military forces used attack, fighter, bomber and remotely-piloted aircraft to conduct airstrikes.”’

Although the USAF has used a mix of MQ-1 (Predator) and MQ-9 (Reaper) drones, F-15E, F-16, F/A-18 and F-22 fighters, B-1 bombers, AC-130 gunships and AH-64 Apache helicopters in these operations, it seems likely that its capacity to use remote platforms to provide intelligence, surveillance and reconnaissance is limited by its continuing commitments in Afghanistan (though Britain’s Royal Air Force has now deployed its Reapers for operations in both Iraq and Syria).

IS (Islamic State) claims to have its own drones too.  In February it released video of its aerial surveillance of Fallujah in Iraq, taken from a DJI Phantom FC40 quadcopter, in August it released video of Taqba air base in Syria taken from the same platform, tagged as ‘a drone of the Islamic State army’, and in September a propaganda video featuring hostage John Cantile showed similar footage of Kobane (below).

1414438887900_wps_7_IS_have_released_a_new_vi

These image streams are all from commercial surveillance drones, but in September the Iranian news agency Fars reported that Hezbollah had launched an air strike from Lebanon against a command centre of the al-Nursra Front outside Arsal in Syria using an armed (obviously Iranian) drone.

You can find Peter Bergen’s and Emily Schneiders view on those developments here, and a recent survey of the proliferation of drone technologies among non-state actors here.

The details of both the state and non-state air strikes remain murky, but I doubt that much ‘intimacy’ is claimed for any of them.

Britain’s Reapers

UK Remote Control

As Craig Jones has discussed in detail, it’s been much easier to get information about the ways in which the United States has incorporated drones into its military and paramilitary operations than to prise open the door of UK operations (see also Chris Cole on ‘five basic facts we are simply not allowed to know here).

But the House of Commons Defence Committee has just published a two-volume report, Remote Control: remotely piloted air systems – current and future UK use.

Volume 1, the report and formal minutes (58 pp), can be downloaded as a pdf here, and Volume II, written evidence (130 pp), is available here.  The second volume includes submissions from the Ministry of Defence, Northrop Grumman, and General Atomics together with critical submissions from Drone Wars UK, Reprieve, the Network for Social Change’s Remote Control project, and the Bureau of Investigative Journalism.

Over at the Bureau, Alice Ross has a first response and summary here, while Chris Cole has a trenchant critique at Drone Wars UK here.

I’m still working my way through all this, but here are some key passages.

First, on the ‘double proximity’ of drone operations – as I’ve said before, even though these platforms can be controlled from thousands of miles away they are not weapons of global reach:

‘The MoD told us that in order to utilise unmanned air systems in the most efficient manner, they should be based as close as possible to the target area of interest to allow for the longest loiter time possible. In a “non-permissive” or hostile environment this would be “extremely difficult”.’

The other side of this is the invocation of a new (though, as I’ve also emphasised, thoroughly conditional and technologically mediated) quasi-intimacy:

‘It was very clear from the visit to XIII Squadron and discussions with Reaper aircrew that all were experienced professional personnel with a clear purpose and keen understanding of the Rules of Engagement which govern their operations. Despite being remote from the battle space they exhibited a strong sense of connection to the life and death decisions they are sometimes required to take. This was in stark contrast to the image portrayed by some commentators of “drone” pilots as video gaming “warrior geeks”.’

RAF Reaper

Again, as I’ve argued elsewhere, that ‘sense of connection’ is much more highly developed in relation to troops on the ground than to others who are in (or beyond) the field of view, and who are inevitably shut out from audio or online communications, which in part accounts for the risk to non-combatants whenever troops are ‘in contact’ with the Taliban and other fighters.

Second, the report seeks to draw a line between the US program of targeted killing and UK military operations in Afghanistan:

‘We acknowledge that over the last few years there has been a growing concern in relation to the sharing of intelligence with allies and the uses to which such data may contribute. While the issues raised by Reprieve stray beyond the terms of reference for our inquiry and indeed the remit of the Defence Committee, we do believe that there should be greater transparency in relation to safeguards and limitations the UK Government has in place for the sharing of intelligence…

‘We consider that it is of vital importance that a clear distinction be drawn between the actions of UK Armed Forces operating remotely piloted air systems in Afghanistan and those of other States elsewhere… In Afghanistan UAS provide intelligence in support of our ground commanders, enabling them to stay one step ahead of the enemy. Whether for targeting the Taliban or supporting troops on patrol, their ability to loiter over and survey areas for enemy activity and then feed back images and video in real time means they are an invaluable asset to our forces on the ground. Together, the UK’s fleet of UAS have carried out over 160,000 hours of ISR operations.

‘The General Atomics MQ-9 Reaper operated by the RAF is the UK’s only armed remotely piloted air system. The RAF fleet rose to ten in early 2014 as an additional five aircraft were accepted into service. RAF Reapers provide persistent intelligence, surveillance, target acquisition and reconnaissance (ISTAR) for ISAF forces in Afghanistan, mostly in support of UK forces in Helmand province…. Since May 2008, UK Reaper aircraft have been armed with precision-guided weapons—Hellfire laser guided air-to-ground missiles and GBU-12 Paveway 500lb laser guided bombs… By 31 August 2013, UK operated Reaper aircraft had flown over 50,000 hours on operations in the ISR role with 418 weapons fired in the same period.’

RAF Reaper and weapons

Here are the raw figures released to Drone Wars UK last month, following a FoI Request to the Ministry of Defence:

Weapons released by UK Reapers in Afghanistan 2008-2013 (Drone Wars UK)

Chris Cole is not convinced by the Committee’s (and, by extension, the Ministry’s) attempt to draw the line:

‘The report also argues that it is “of vital importance” that a clear distinction be draw between the use of drones by UK armed forces and what it discreetly calls “those of other States elsewhere.” It urges the MoD to continue its PR campaign – what the committee calls a “public awareness programme” – in order to “aid public understanding and acceptance.” PR it seems trumps transparency.’

Third, and closely connected to Chris’s misgivings, the report restates without examination the legal armature for UK military operations:

‘…the MoD told us that UK remotely piloted aircraft operate within the constraints of UK rules of engagement (ROE) and policy, even where operational control is assigned to a Coalition Commander, such as the Commander of ISAF. The MoD also stated that UK policy relating to targeting by remotely piloted aircraft is exactly the same as that for manned aircraft (and land and maritime weapons where applicable):

‘It is entirely compliant with International Humanitarian Law. Targets are always positively identified as legitimate military objectives and both pattern of life assessment and collateral damage estimate conducted. Strikes are carried out in accordance with the Law of Armed Conflict.

‘Personnel were keen for the public to know more and understand better what it is they do and to dispel some myths that have grown up about Reaper operations in particular. One pilot commented that the public needed to know that remotely piloted aircraft are “not robots, they’re not autonomous and we spend an awful lot of time training to fly them”. This training emphasised all aspects of the RAF rules of engagement such as whether a strike is necessary, whether any civilians are nearby, and what instructions have been received from the ground commander. Reaper aircrew were firmly of the view that the loiter time of remotely piloted aircraft allowed more informed decisions to be made and consequently the risk of civilian casualties was reduced should a missile strike be required….

Fourth, on civilian casualties and transparency:

‘The MoD told us that it was aware of only one incident involving an armed UK remotely piloted air system Reaper, which had resulted in the deaths of civilians:

‘On 25 March 2011 [three years ago to the day!] an attack on two pick-up trucks resulted in the destruction of a significant quantity of explosives and the death of two insurgents. Sadly, four Afghanistan civilians were also killed. In line with current ISAF procedures, an ISAF investigation was conducted to establish if any lessons could be learned or if any errors in operational procedures could be identified. In that case, the report concluded that the actions of the Reaper crew had been in accordance with extant procedures and rules of engagement.

…We note the conclusion of the UN Special Rapporteur [Ben Emmerson] that in any case in which civilians have been, or appear to have been, killed, there is an obligation on the State responsible to conduct a prompt, independent and impartial fact-finding inquiry and to provide a detailed public explanation. We recognise that this is not a simple and straightforward request as to do so could seriously jeopardise continuing operations. Nonetheless, we recommend that, to the extent that it is operationally secure to do so, following an event which has resulted in confirmed civilian casualties the MoD should seek to publish details about the incident and any lessons learned from the review process…’

For a good discussion of the UK’s definition of ‘civilian’ in such cases, see Dapo Akande at the European Journal of International Law here.

To be continued.