We Don't Concern Ourselves with Laws

On Aug. 31, 2012, a top-secret U.S. intelligence report noted that “possible bystanders” had been killed alongside militants from Al Qaeda in the Arabian Peninsula in a drone strike in eastern Yemen two days earlier.

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As The Intercept reported [Saturday], the U.S. military sees Ramstein [Germany] as an essential node in the technical infrastructure for its armed and unarmed drone operations. A budget request for the Ramstein station stated that without the facility, “weapon strikes cannot be supported.”

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The previously unreported intelligence report, viewed by The Intercept, indicates that the U.S. government knew soon after the strike that it had killed two civilians. It could add fire to a lawsuit that Faisal bin Ali Jaber has launched in Germany, as further evidence that U.S. strikes put innocent Yemenis at risk.

Jaber will testify next month in front of a German court, alleging that Germany is violating a constitutionally enshrined duty to protect the right to life by allowing the United States to use Ramstein Air Base as part of its lethal drone operations.

It is the first time a victim of a U.S. drone strike will air his grievances in court, lawyers for the case told The Intercept. The lawsuit could put Germany in the awkward position of having to publicly defend its role in the U.S. drone program.

  The Intercept

Seems like we put Germany in an awkward position rather often lately. But, they seem to be taking it. The outcome of this particular lawsuit may be interesting. But I doubt it will change anything.

Extending the constitutional right to life to a non-German citizen outside of Germany is untested legal ground. That Jaber will be allowed to testify is “quite remarkable,” said Craig, and shows “the court is taking it seriously.”

The German government has tried to get the suit tossed, arguing in a court filing that Ramstein’s role in the U.S. drone program is unproven, and that Jaber can’t tie Germany to his specific case.

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The German government also wrote that the U.S. has provided assurances that no drones are commanded or controlled from Germany, echoing what a Pentagon spokesperson told The Intercept: that the United States does not “directly fly or control any manned or remotely piloted aircraft” from Ramstein. As The Intercept explained, that language carefully evades the important technical role played by the base.

Because, as any lawyer knows, words matter.

Letta Tayler, a senior researcher with Human Rights Watch who conducted an in-depth investigation into U.S. drones strikes in Yemen, questioned the underlying policy that allows for so many civilian deaths. “It’s as if the hundreds of Yemenis and thousands of Pakistanis killed in drone strikes simply do not exist,” she said.

Yes, well, technically they don’t. You see?  Nothing to worry about now.

...but hey, do what you want...you will anyway.