Pentagon Confirms Biden’s New Restrictions on Drone Strikes, Commando Raids
President Joe Biden’s review into the military and spy agencies’ clandestine warfare shows how unwieldy the rules governing shadow warfare against violent extremist groups have become.
THE PENTAGON ON MONDAY confirmed President Joe Biden has imposed new rules on how the military and intelligence services can conduct drone strikes and commando raids in some conflict zones, restoring the kind of White House control over that decision-making process that President Donald Trump attempted to dismantle.
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[ READ: India Resists U.S. Pressure to Buy Armed Drones ]
Defense Department spokesman John Kirby said the new rules represent “interim guidance” that was issued “to ensure the president has full visibility on proposed, significant actions, which the National Security Council will review.”
That such a review is necessary serves as an indication for how unwieldy and unclear the rules governing America’s shadow wars have become in recent years.
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Kirby said the action was part of a broader review by the new administration into the legal and policy frameworks that govern when and how these missions take place outside of parts of the world such as Yemen or Somalia that are clearly defined war zones, like Iraq, Syria and Afghanistan.
“It’s too early to come to grips with what reality is going to be, or the impact it’s going to have on specific parts of the world or on specific terrorist groups,” Kirby said.
“It’s interim. It’s not meant to be permanent, and it doesn’t mean it’s a cessation” of these strikes or missions, he added. “The authorities in some parts of the world are going to get visibility at the National Security Council.”
[ MORE: U.S. Military Turns Away from Drones ]
The New York Times first reported the review last week, citing unnamed officials who said national security adviser Jake Sullivan first issued an order on Jan. 20, Biden’s first day as president. The new restrictions would enact tighter controls on how the military and spy agencies conceive of, plan for and execute the kinds of secretive missions that have become synonymous with the sweeping and morphing post-Sept. 11 wars against violent extremists — ones that every president since George W. Bush has pledged to end and relied on loose interpretations of U.S. law to carry out.
U.S. News in 2017 exposed a term of art the Obama administration employed — “areas of active hostilities” — in an attempt to standardize the semi-legal policies governing U.S. troops operating in conflict zones where war had not been declared formally. Many commanders considered the subsequent restrictions overly cumbersome and even dangerous, particularly that permission for many raids against high-profile targets and lethal drone strikes had to first receive approval from the National Security Council.
Trump swept those restrictions aside in a move that was initially seen as a way to unleash the military to carry out its missions across the globe — from Pakistan to Nigeria to Somalia — with the kind of delegating style he boasted of as a former businessman. But Pentagon officials quickly grew concerned that their newfound freedom also meant the White House may not shoulder the blame if any of the missions went wrong.
[ READ: ‘Areas of Active Hostilities’: Trump’s Increases to Obama’s Wars ]
Analysts say it’s not yet clear the extent to which Biden’s review represents a return to the policies in place when he was vice president under Obama or something else.
“The first step, and it is a prudent one, is to assess how this is all working,” says Karl Kaltenthaler, director of the Center for Intelligence and Security Studies at the University of Akron, who closely follows lethal drone strikes and the laws and policies governing them. “There has been some major confusion about who is making the calls on these things and under what authority.”
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“It might be a return to more oversight of weapons releases and targeting and not so much delegation to the CIA to decide these things,” Kaltenthaler adds. “This is likely an attempt to make this more rule-based and on solid legal foundation.”
Paul D. Shinkman, Senior Writer, National Security
Paul Shinkman is a national security correspondent. He joined U.S. News & World Report in 2012 … READ MORE
Tags: drones, Joe Biden, defense spending, Department of Defense, military, Pentagon