April 9, 2013 | Quote

Targeted Killing Comes to Define War on Terror

In Pakistan, where the SEAL raid that killed Bin Laden sent Pakistani-American relations into a tailspin, drone strikes — though deeply unpopular — are tolerated by the security establishment. “There’s an intangible notion that a drone flying over is less of an intrusion than troops on the ground,” said Ashley S. Deeks, a University of Virginia law professor and a former State Department lawyer.

Then there is the question of very real danger to Americans in capturing heavily armed terrorists. The SEALs sent to Abbottabad were instructed that if Bin Laden immediately surrendered, he should be detained, according to Matt Bissonnette, a member of the SEAL team who wrote a book on the raid. But if Americans died trying to catch a midlevel militant — when drones were available but went unused — there would be a huge public outcry, most officials believe.

Only in the drone era has killing terrorism suspects become routine. In the 1980s and 1990s, counterterrorism officers captured several suspects overseas and brought them back to the United States for trial.

Brad Garrett, a former F.B.I. agent, was on the teams that caught both Ramzi Ahmed Yousef, an organizer of the first World Trade Center attack in 1993, and Mir Aimal Kansi, who shot five C.I.A. employees, two of them fatally, outside the agency’s headquarters in Virginia the same year. Teams of American and Pakistani officers caught the men by kicking down doors at their guesthouses, and “no shots were fired in either case,” he said.

As an investigator, Mr. Garrett said, “I’ve spent my life talking to live people. That’s the downside of drones. There’s no one left to talk to.” But he said that catching a solo suspect in an urban setting, while risky, was far less hazardous than confronting a gang of heavily armed men in the hostile territory of Pakistan’s or Yemen’s tribal areas. “I don’t think you can really compare them,” he said.

When Mr. Obama closed the C.I.A. prisons and banned coercive interrogations, Republicans complained that there was nowhere left to hold and question terrorists, a charge that resonated with some military and C.I.A. officers. The president countered by creating a High-Value Detainee Interrogation Group, an elite group of analysts and interrogators that officials say has been sent about two dozen times to question detainees at home and abroad. That is a tiny number compared to the frequency of drone strikes, of course, but officials say the secretive group has been successful.

An even smaller number of those questioned by the interrogation group have been brought back to the United States to face criminal charges, including Mr. Abu Ghaith, the Bin Laden son-in-law, and Ahmed Abdulkadir Warsame, a Somali commander of the militant group Shabab.

By all accounts, Mr. Warsame’s handling is a powerful illustration of the value of capturing rather than killing a terrorism suspect. He first began providing information to American counterterrorism officials after being caught on a ship in April 2011. He has never stopped talking about both the Shabab and the Qaeda branch in Yemen, officials say, and he knows that his ultimate sentence will depend on his cooperation.

There are signs that the Obama administration may itself have grown wary of the convenience of targeted killing — or may be running out of high-level targets. After a sharp rise in Mr. Obama’s first two years, the total number of drone strikes is now in sharp decline.

In Pakistan, strikes peaked in 2010 at 117; the number fell to 64 in 2011, 46 in 2012, with 11 so far this year, according to The Long War Journal, which covers the covert wars. In Yemen, while strikes shot up to 42 in 2012, no strikes have been reported since a flurry of drone hits in January, according to several organizations that track strikes.

In his State of the Union address in February, Mr. Obama pledged more transparency for the drone program, and he and his aides have hinted that changes are coming. It remains unclear what the administration has in mind, but the president has spoken of the treacherous allure of the drone.

Decisions on targeted killing, he told CNN in September, are “something that you have to struggle with.”

“If you don’t, then it’s very easy to slip into a situation in which you end up bending rules thinking that the ends always justify the means,” Mr. Obama said. “That’s not who we are as a country.”

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Issues:

Al Qaeda Pakistan