Who Watches the Drones【谁来监管无人驾驶飞机】?
The Case for Independent Oversight
[size=0.846em]Omar S. Bashir
[size=0.846em]September 24, 2012
[size=0.846em]Article Summary and Author Biography
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[size=1.818em]Washington's Phantom War
Peter Bergen and Katherine Tiedemann
Since taking office, the Obama administration has greatly increased the number and accuracy of U.S. drone strikes against terrorist targets in Pakistan. But unless the program becomes more transparent and is transferred from CIA to military control, drones won't help the United States win the larger war.
(Photo illustration by Foreign Affairs. Image courtesy Reuters)
Concerns abound about the secretive nature of U.S. drone programs. Even among those who support the use of unmanned aerial vehicles in counterterrorism efforts, there are frequent calls for more transparency【透明】, greater accountability【问责】, and better oversight【监管】. Seldom, though, have commentators distinguished between these seemingly interchangeable words or described what any of them would look like in practice. In fact, increasing transparency is not the only path to accountability. The United States should instead aim for better oversight, modeling a review process on the United Kingdom's Independent Reviewer of Terrorism Legislation. Doing so would be consistent with democratic ideals as well as with U.S. foreign policy objectives.
First, imagine that the government opted for full transparency in its drone programs. That would certainly make the government more accountable, with no special oversight system needed. Officials would release all the necessary information for citizens to assess the ethics of the programs themselves. This would include answers to such questions as: What crimes have targeted individuals allegedly committed? What threats do they pose? Who else might be harmed in a drone attack? How feasible are non-lethal options such as capture? In practice, though, full transparency is neither morally nor strategically ideal. For one, the government has a duty to protect its civilian informants, so there is risk in revealing the government's sources of information. And potential targets could adjust their behaviors were capture proposals to be debated openly. That would make it all the more difficult for the government to use non-lethal options to round up suspects.
So how much transparency is enough? How can citizens know that the state is not overselling the sensitivity of details that it chooses to withhold? This central dilemma has not been resolved. Well-intentioned legal efforts undertaken by the ACLU and others to force openness about the drone program have only led the government to dig in its heels. It refuses to formally declassify even widely known facets of its operations, let alone release new details. The refusal is absurd on the surface, but it fits into an understandable strategy. Washington does not believe that limited declassifications would appease drone skeptics. As Jack Goldsmith, the Harvard law professor, has explained, Washington fears a slippery slope toward full transparency in the courts that might render one of its most potent counterterrorism weapons unusable.
How much transparencyis enough? {:soso_e132:}
How can citizens know
that the state is not
overselling the sensitivity
of details that it chooses
to withhold?{:soso_e132:}
Presumably to overcome the transparency tug of war [拉锯战,拔河], Congress was granted an oversight rolein the drone program roughly two years ago. A number of elected representatives with access to sensitive information have thus been making judgments on behalf of the public regarding drones' morality and effectiveness. But that does not seem to have satisfied anyone. Members of Congress are not ideal guardians: the public might (rightly) believe that representatives would hesitate to speak out about irresponsible drone use because they fear being accused of weakness on terrorism or because they have other political reasons for silence. A collective lack of expertise and busy schedules might also hinder members of Congress in making judgments.