A/HRC/28/38
of, the right to life required that individuals know the circumstances in which they might be
subject to lethal force by a Government. She also noted that meaningful responses needed
to be provided when plausible allegations of violations of the right to life were presented.
Those should include a careful explanation regarding the circumstances in which armed
drones had been used.6 She noted that this was a challenge. She referred to a drone strike
that took place in Yemen in 2013, in which at least 27 people attending a wedding
procession were killed or injured. While there was acknowledgement of the strike and an
investigation, the official response was that there had been no civilian casualties. She
suggested that meaningful accountability required more than a statement that there were no
violations of the right to life or that the operations complied with the principle of legality.
26.
Ms. Kebriaei noted that States must be transparent about the legal criteria that were
applied including when, where and against whom lethal force could be used, as well as the
number of casualties, where the armed drone had been used, who the individuals killed
were, and how they were classified. She noted that there was consensus across the political
divide in the States concerned that Governments could and should be more transparent.
While States had taken some steps in that direction, which was proof in itself that it could
be done, further urgent steps were needed.
27.
Turning to the rights of victims of drone strikes to an effective remedy, the Legal
Director of the Foundation for Fundamental Rights said that since June 2014, 77 more
people had been killed in drone strikes in Pakistan. Like thousands of other victims, their
identity was not known. There were also tens of thousands of other individuals who
suffered psychologically from living under the constant threat of being targeted. As the
States using armed drones refused to disclose the numbers of casualties or the dates of
drone strikes, or investigate when there were credible reports that civilians had been killed,
the Foundation for Fundamental Rights had been trying to identify those who were “on the
other side of the missile” as a first step towards accountability.
28.
Mr. Akbar noted that judicial review in the domestic courts had so far been the most
successful accountability strategy for victims of armed drones. Referring to his own work,
he highlighted two successful cases before the courts in Pakistan. On 11 May 2013, the
Peshawar High Court7 declared drone strikes illegal, ordered the Government of Pakistan to
stop them and gave comprehensive orders to the Government to seek international redress
on behalf of the victims.8 A court-ordered investigation also showed that over the course of
five years, drone strikes had killed 1,449 civilians, in contrast to a small number of
militants. A recent ruling by the High Court in Islamabad requested that the officials
responsible for the use of drones inside Pakistan be held criminally responsible for the
violation of the right to life and ordered the initiation of criminal proceedings against them.
However, he noted that despite those judgments, drone strikes continued and not a single
victim in over 350 drone strikes had been compensated, nor had any information been
released as to why those individuals had been targeted.
6
7
8
This was recalled by the European Parliament in its resolution on the use of armed drones
(2014/2567(RSP)).
See Foundation for Fundamental Rights v. Federation of Pakistan and four others (PLD 2013
Peshawar 94).
This included orders to take the matter to the Security Council and, in the event that it did not succeed
there, to request an urgent meeting of the General Assembly in order to resolve the matter, as well as
to request formally that the Secretary-General establish a war crimes tribunal to investigate the
matter.
9
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