Memo sets rationale to kill Qaida-linked Americans



PETE YOST | Associated Press

Published — Tuesday 5 February 2013

Last update 5 February 2013 9:43 pm

| نسخة PDF Print News | A A

WASHINGTON: An internal Justice Department memo says it is legal for the government to kill US citizens abroad if it believes they are senior Al-Qaeda leaders continually engaged in operations aimed at killing Americans.
The document, reported Monday by NBC News, provides a legal rationale behind the Obama administration’s use of drone strikes against Al-Qaeda suspects.
The 16-page document says it is lawful to target Al-Qaeda linked US citizens if they pose an “imminent” threat of violent attack against Americans, and that delaying action against such people would create an unacceptably high risk. Such circumstances may necessitate expanding the concept of imminent threat, the memo says.
“The threat posed by Al-Qaeda and its associated forces demands a broader concept of imminence in judging when a person continually planning terror attacks presents an imminent threat,” the document added.
A September 2011 drone strike in Yemen killed Anwar Al-Awlaki and Samir Khan, both US citizens.
The memo does not require the US to have information about a specific imminent attack against the US But it does require that capture of a terrorist suspect not be feasible and that any such lethal operation by the United States targeting a person comply with fundamental law-of-war principles.
“A decision maker determining whether an Al-Qaeda operational leader presents an imminent threat of violent attack against the United States must take into account that certain members of Al-Qaeda ... are continually plotting attacks against the United States” and that “Al-Qaeda would engage in such attacks regularly to the extent it were able to do so,” says the document.
The document also says that a decision maker must take into account that “the US government may not be aware of all Al-Qaeda plots as they are developing and thus cannot be confident that none is about to occur; and that ... the nation may have a limited window of opportunity within which to strike in a manner that both has a high likelihood of success and reduces the probability of American casualties.”
With this understanding, the document added, a high-level official could conclude, for example, that an individual poses an imminent threat of violent attack against the United States where he is an operational leader of Al-Qaeda or an associated force and is personally and continually involved in planning terrorist attacks against the United States.
The American Civil Liberties Union said the document is “profoundly disturbing.”
“It’s hard to believe that it was produced in a democracy built on a system of checks and balances,” the ACLU said.
The document says that the use of lethal force would not violate the Fourth Amendment of the Constitution when a targeted person is an operational leader of an enemy force and an informed, high-level government official has determined that he poses an imminent threat of violent attack against the US
The document said the courts have no role to play in the matter.
“Under the circumstances described in this paper, there exists no appropriate judicial forum to evaluate these constitutional considerations. It is well established that ‘matters intimately related to foreign policy, and national security are rarely proper subjects for judicial intervention,’” the white paper said.

What's happening around Saudi Arabia

JEDDAH: The Ministry of Education is planning to increase the role of its subsidiary committees in the region and governorates to address the issue of schools increasing the fees on one pretext or another.A source in the ministry has been quoted as s...
JEDDAH: In view of a delay by Twitter in blocking the accounts of Daesh and its supporters, Saudi Twitterati have launched an online campaign demanding closure of these accounts which are being used to spread terror by those who have links with the...
JEDDAH: A young Saudi, who was born disabled, is today considered the best and most famous painter and designer in the Kingdom, professionals working in the area say.Despite being handicapped by birth, Rakan Kurdi, 22, has never given up and has mana...
DAMMAM: All Saudi airports, particularly King Fahd International Airport (KFIA) in Dammam, lack a tourism attraction strategy which requires a formal decision from the government, said Saeed Al-Qahtani, an investor in the tourism sector.He said: “In...
JEDDAH: Interpol is looking for two Saudis — a former Jeddah mayor and former president of a sports club — who have been convicted in cases related to the 2009 flash floods here.The ex-mayor was sentenced to seven years in prison while the sports off...
RIYADH: The Paris-based Organization for Economic Cooperation and Development (OECD) recently discussed here the scope of cooperation with the Kingdom’s Public Education Evaluation Commission (PEEC) in the field of education.The delegation was headed...
RIYADH: Investors and proprietors of recruitment offices have blamed the Ministry of Labor for the rise in the number of illegal brokers, saying that some of the rules are actually counterproductive and promoting black market.The ministry has put a c...
DAMMAM: A period of 20 months will be granted to deliver residential apartments for beneficiaries in the Eastern Province, starting from the day of delivering land to developers, and not from the date of signing the contract with them, according to a...
ALKHOBAR: Bribery can be eliminated by applying the laws strictly and creating public awareness besides an active role by citizens, experts say.Abdulrahman Al-Zahian, a researcher in legal affairs and public policy, said: “The Saudi anti-bribery law...
JEDDAH: Zuhair Rahbeeni, a consultant at the Pediatric and Clinical Genetics Department of Medical Genetics at King Faisal Specialist Hospital and Research Center, said that the criteria used for premarital health examinations fall short of proper st...
JEDDAH: The police in Jeddah found a runaway girl after 17 days. A news website reported that she had gone missing after she took a taxi on one of Jeddah's roads.The mother of the girl said that the police found the girl on Friday after 17 days. She...
JEDDAH: Since the launch of the Asir Initiative, “Asir … a major tourism destination all year round,” under the patronage of Asir Governor and Chairman of the Tourism Development Council Prince Faisal bin Khalid at the end of 2013, the region has man...
RIYADH: King Saud University (KSU), which is leading the vanguard in promoting and supporting scientific research in the Kingdom, will host the Saudi international conference on scientific publishing for 2015 to discuss issues and challenges surround...
RIYADH: The National Committee for Contractors (NCC) at the Council of Saudi Chambers (CSC) and representatives from the Ministry of Labor denied on Sunday delays in releasing SR2,400 in compensation to contractors once the criteria have been finaliz...
MAKKAH: Being at the front of the House of God and the peace and tranquility in the Grand Mosque are feelings that cannot be described, said Egyptian pilgrim Abdul Rahman Mustafa.The Umrah pilgrim appeared to be very happy and content. “Thank God, I...

Stay Connected

Facebook