The government of Pakistan claims that there are “red lines” which drones and ground soldiers dare not cross (US urged not to cross ‘red line’ in Fata). This is another lie. In reality, US drones (and possibly “private contractors”) cross those lines every day. Just another day in the multi-faceted psychological war games, that are fought-out in FATA every day.
This new public relations ploy, to allow the families of drone victims to prosecute American Predator war crimes builds a new line of defense for the Pak Army, while enhancing its credibility. This is part of Pakistan’s new “Plan B” for Waziristan, where the civilian administration attempts to use Western courts to stop daily drone attacks upon the Wazir tribes in both North and South Waziristan, since military persuasion has failed miserably in that respect. Military reluctance to interfere with US plans for Pakistan’s militants has derived not from a common desire to see the CIA Pakistanis, but from a desire NOT to piss-off the paymaster, which is interpreted by the people as complicity in the attacks (SEE: US embassy cables: Pakistan backs US drone attacks on tribal areas (23 Aug. 2008, 14:12)). Even the targeted militant leaders are aware of Army complicity in drone targetting. I am referring here to the testimony of the recently assassinated Waziri leader Nazir (SEE: As-Sahab: English transcript of the interview with Mulla Nazeer Ahmad, the amir of the mujahideen in the South Waziristan ).
The outrageous death of Nazir and his friends clarified for the other militants, along with the entire Wazir tribe, that the Pak Army is obviously complicit in the drone attacks, otherwise actions would have been taken to put an end to the air incursions (SEE: India/Pakistani Detente’ Went Into the Ground with Mullah Nazir). As long as the Army continued to maintain its duplicitous drone acceptance/rejection strategy, denying involvment in the drone targetting (which consistently hit the pro-Army Wazirs and not the anti-Pakistan Mehsuds in both North and South Waziristan), the Wazirs continued to participate in the Pak/US development strategy of infrastructural bribery, based on building”Quick Impact Projects” in areas previously cleared of Mehsud terrorists.
Since the UAV murder of Mullah Nazir near Wana, working in tandem with the development strategy, the Army is allowing lawsuits (Case No: CO/2599/2012 ) to go forward on one of the most heinous drone attacks upon the Wazirs, the March 17th, 2011 attack upon a Waziri Jirga in Datta Khel, N. Waziristan, which killed 50 (SEE: Waziristan tribesmen to move ICJ against drone hits ). This move may be a compromise between the govt. and the Wazir tribe, to avoid a companion lawsuit (which is coming-up for a hearing on Feb. 13) that has been filed in Peshawar High Court, which forces the government of Pakistan’s hand. The Peshawar suit makes the following demands:
- Confirm the Pakistani government’s complete opposition to US drone strikes in the tribal areas as a violation of Pakistan’s sovereignty under Article 2(4) of the United Nations Charter.
- Approach the United Nations Security Council and demand adoption of a resolution condemning drone strikes and requiring the US to end the strikes in Pakistan.
- Issue a formal complaint to the United Nations Human Rights Council (UNHRC) and with the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions as the fundamental right to life is being breached by US drone strikes.
- Publicly encourage victims of drone stacks to file complaints to the UNHRC so that the UN Secretary General can list this issue on the Council agenda for discussion.
- Notify the US government of Pakistan’s intention to seek relief in the International Court of Justice for the US’s illegal operation of drones in Pakistan.
- Sign the Rome Treaty so that the International Criminal Court can have jurisdiction to prosecute the drone attacks as international law crimes.
The Wazir experiment was intended to reinforce existing agreements that have been made between the Army and the Tribal Authorities, which have previously delegated the policing function to the Tribes. Under those peace deals, Tribal Leaders had agreed to keep “terrorists” and foreigners out of their territory, referring to Taliban and the Uzbek and “al-CIA-da” forces. The Wazir Tribe has been held responsible for the terrorist attacks within their neighborhoods since this agreement was signed in 2007. Under the agreement, the Mehsuds were to have been run out of Wana. The Wazirs resisted taking this extreme step for the Army, because they were forced to travel roads through Mehsud territory and obviously didn’t want to start a Tribal feud (SEE: Pak Army Uses US Money To Build Road for Ahmadzai Wazirs To Run Mehsuds Out of Wana On).
As you can see from this WSJ article clip, the rehabilitation effort, centered on Kotkai village (Hakeemullah Mehsud’s hometown), is not having the desired effect or speed of development. With the killing of the Wazir leader, how much further will the Tribal elders be willing to go in trusting the Army to deal fairly?
The lawsuit in British courts against the UK Govt., for their participation in the American drone strike of the Wazir jirga will serve as a largely symbolic test which could possibly enable judicial interference to handicap further drone strikes. The suit filed in Peshawar could prove to be a very significant test of govt. loyalty, to document whether Pakistan supports its own citizens (who are being systematically deprived of their inalienable rights to Life), or the rights of the Imperial powers to murder them at will. A wrong choice on the Army’s part could cost them all of their remaining friends in the Tribal Regions. It would force the govt. hand, requiring public opposition to drone strikes, as well as taking the people’s case to the UN and filing formal Human Rights violations. In addition to this, it would force govt. to allow charges to be filed in the ICJ (International Court of Justice). If any of these actions are taken, they would be sufficient to suspend all further American payments to Pakistan.
Peter Chamberlin may be contacted at firstname.lastname@example.org.