Thursday’s landmark decision by the Pakistani high court in Peshawar is a remarkable document: Chief Justice Dost Muhammad Khan examines the US use of drones against Pakistan’s tribal areas and reaches several conclusions that, while obvious to most sensible observers, seem to have eluded American authorities for several years.

The case was filed last year by Shahzad Akbar, of the Foundation for Fundamental Rights (FFR), a legal charity based in Islamabad. The case was brought by families of victims killed in a US drone strike on 17 March 2011. The strike – one of more than 300 Obama has launched at Pakistan – is infamous: more than 50 people were killed, including many community elders who had gathered to settle a local dispute over a chromite mine. For the locals it was the equivalent of a strike on the high court itself.

The chief justice’s first finding is perhaps the most obvious: “[Drone strikes] are absolutely illegal and a blatant violation of sovereignty of the state of Pakistan.” The strikes are, he says, international war crimes, given that there is no state of war between the US and its nominal ally, Pakistan.

It does not matter whether General Pervez Musharraf gave the CIA a wink and a nod when he was the country’s dictator. “[T]here is nothing in writing to the effect,” writes the chief justice. In any event, no government can legitimately authorize the murder of its own citizens – certainly not without a public announcement through the democratic process. Indeed, Musharraf is currently facing the music for a number of illegal acts he allegedly took while in office.

The American use of drones is, in the chief justice’s legal opinion, wholly disproportionate under international law. He notes that 9/11 still provides the US administration’s pretext for a “global war on terror”, yet there has been “not a single … terror incident … anywhere in the USA” emanating from Pakistan in more than a decade since. How, then, can it be proportionate to kill more than 3,000 Pakistanis, including “infant babies, pre-teen and teenage children, women and others”.

Rather than respond with force first and ask questions afterwards, the chief justice orders the Pakistan government to try to solve the dispute through the rule of law. The Pakistan government must make an immediate and genuine complaint to the UN. If the UN security council reaches the appropriate conclusion (which he feels legally it must, absent a US veto), or the general assembly adopts a resolution, and “the US authorities do not comply … the government of Pakistan shall sever all ties with the USA and as a mark of protest shall deny all logistic and other facilities to the USA within Pakistan”.

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