CYIL vol. 11 (2020)

JOSEF MRÁZEK CYIL 11 (2020) territories”. Conditions when direct actions should only be undertaken have been in “ declassified Procedures ”, blacked out, however. The PPG also mentioned that in order to take action there must be an “international legal basis”, unfortunately without any detailed consideration. 44 In December 1989, the Special Assistant Judge to the Advocate General of the U.S. Army W. H. Parks issued Memorandum of Law which distinguished the prohibition on “illegal assassinations” in Executive Order 12 333 from “lawful targeting” of individuals or groups, who pose a “direct threat” to the United States. 45 A. D. Sofaer, at that time legal advisor to State Department, maintained that the prohibition of illegal assassination in Executive Order 12 333, applied to covert acts of murder for political reasons should not be limited to the planned killing only of political officials, but should apply to any persons (even an ordinary citizen), as long as the act political purpose. 46 President B. Obama categorically defended the legality of drone strikes as is shown in his “counterterrorism speech” at the National Defense University at Fort McNair in Washington D.C. on 23 May 2013. He stated that “under domestic law and international law, the United States is at war with Al- Qaeda, the Taliban and their associated forces”. He also declared that “America’s actions are legal” and the war against Al-Qaeda is a “ just war- war waged proportionally, in a last resort and in self-defense ”. 47 President Obama in this speech confirmed: “ We relentlessly targeted Al- Qaeda’s leadership” but at the same time, he insisted that “ America does not take strikes when we have the ability to capture individual terrorists . Our preference is always to detain, interrogate and prosecute ”. 48 Presenting the U.S. drone program as part of a global armed conflict was on the other hand criticized as “ an expansive precedent ” that is “ damaging to the international rule of law ”. 49 The U.S. targeted strikes are often carried out by CIA and CIA contractors or by joint operations with the U.S. Army (Air Force). The U.S. has secret airfields in Pakistan and elsewhere. Using the CIA to carry out drone attacks was strongly criticized by some international lawyers even in the U.S. It was contended that under the law of armed conflicts, only “lawful combatants” have the right to use force in an armed conflict. Only members of a state’s regular armed forces are described as those combatants . The CIA is not part of the U.S. armed forces, its members do not wear uniforms and are not subject to military chain of command. They are not bound to respect the laws and customs or war. The CIA has its list of intended targets and judge its own success by the number of persons on the list they kill. 50 The main proponents and legal “interpreters” of targeted killings during president Obama’s era were especially H. Koh, former Legal Adviser of the Department of State, former Attorney General E. Holder, and former CIA Director and Assistant to the President for homeland security and counterterrorism J. Brennan. They maintained that under both domestic and international law, the U.S. is at war with Al-Qaeda, the Taliban, and their associated forces. 44 Ibid, p. 1. 45 Memorandum from W. H. Parks, Special Assistant Judge to the Advocate General of the Army, Executive Order and Assassination , Dec. 4, 1989, available at: https://www.loc.gov/rr/frd/Military_Law/pdf/12-1989.pdf. 46 SOFAER, A. D., The Sixth Annual Waldemar A. Solf Lecture in International Law. Terrorism, the law and the National Defense , see ANDERSON K., T argeted Killing in U.S. Counterterrorism Strategy and Law , available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1415070. 47 Remarks by the President at theNational DefenseUniversity, 23May 2013, available at: https://obamawhitehouse. archives.gov/the-press-office/2013/05/23/remarks-president-national-defense-university, p. 6. 48 Ibid, p. 7. 49 DWORKIN, A., European Council on Foreign Relations, Drones and Targeted Killing, Defining a European Position , London, July 2013, p. 6. 50 O’CONNELL, M. E., supra note 4.

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