A/HRC/25/59
German federal investigation, both men were engaged in paramilitary activity and had a
“continuous combat function”22 rendering them legitimate military targets. The identity of
the other three fatalities is unconfirmed but they are reported to have been local Pashtun
tribesmen. Remotely piloted aircraft under the control of the United States are alleged to
have been involved in the operation. Three other men, including Emrah Erdogan, a German
national, survived the attack. Two women, both of whom were pregnant, and a 5-year-old
boy, also survived. Emrah Erdogan has since been charged with terrorism offences in
Germany. The Special Rapporteur considers a number of those present at the time of the
attack to have enjoyed protected civilian status. A detailed account of the strike, together
with a forensic reconstruction provided to the Special Rapporteur’s inquiry by one of the
eyewitnesses, is available at: unsrct-drones.com/. The Special Rapporteur notes that the
targeted individuals reportedly had affiliations with non-State armed groups. He also notes
the precision nature of the strike. Nonetheless, the Special Rapporteur considers that, since
the lives of apparent non-combatant civilians were lost or put at serious risk, the strike
satisfies the criteria identified in paragraph 34 above.
50.
On 17 March 2011, precision-guided munitions were reportedly fired at a tribal
council meeting (jirga) taking place in an open space adjacent to the Nomada bus depot in
Datta Khel, North Waziristan. Remotely piloted aircraft under the control of the United
States are alleged to have been involved in the operation. The meeting had reportedly been
convened for the purpose of resolving disputed claims concerning the rights to a chromite
mine. The local authorities had been notified in advance of the meeting, which had begun
the previous day. According to custom, tribal elders (maliks) were seated in two circular
formations. Witness reports and satellite imagery analysis suggest that at least two strikes
were conducted in very short succession, targeting both groups of men. The most reliable
estimates suggest that 43 people were killed in the attack and 14 injured. The
overwhelming majority of those killed or injured were reportedly civilians, and included
tribal elders and government officials. The confirmed identities of some of the dead,
together with a forensic reconstruction of the attack, are available at: unsrct-drones.com/.
51.
On 15 June 2011, precision-guided munitions were reportedly fired at a car
travelling along the main road between Miranshah and Sirkot in North Waziristan. The
strike occurred six miles east of Miranshah. Remotely piloted aircraft under the control of
the United States are alleged to have been involved in the operation. Five of the dead were
confirmed to be Akram Shah, Atiq-ur-Rehman, Irshad Khan, Sherzada and Umar Khan.
They were reportedly travelling in a vehicle belonging to Akram Shah, who was employed
as a driver by the Pakistani Water and Power Development Authority. Inquiries into the
affiliations and activities of the victims suggest that all of them were civilians.
52.
On 31 October 2011, precision-guided munitions reportedly struck a car and a house
in the Norak area of North Waziristan, killing four people. Remotely piloted aircraft under
the control of the United States are alleged to have been involved in the operation. Two of
the dead were confirmed to be Tariq Aziz and Waheed Ullah, two teenagers who were
travelling in the vehicle to collect other members of the local football team with whom they
played. Inquiries into the affiliations and activities of the two boys strongly suggest that
they were both civilians. The affiliations of the other two victims are unknown.
53.
On 6 July 2012, precision-guided munitions were reportedly discharged in Zowi
Sidgi village in North Waziristan. Remotely piloted aircraft under the control of the United
States are alleged to have been involved in the operation. The first missiles reportedly
struck a tent in which a group of labourers had gathered at the end of their working day,
killing eight of the occupants. A second strike reportedly occurred shortly afterwards,
22
For the meaning of the phrase “continuous combat function”, see A/68/389, para. 69; and A/68/382,
para. 68. See also para. 71 (f) below.
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