A counterterrorism manual designed to establish rules for targeted drone… (/EUROPEAN PRESSPHOTO AGENCY )
The Obama administration is nearing completion of a detailed counterterrorism manual that is designed to establish clear rules for targeted-killing operations but leaves open a major exemption for the CIA’s campaign of drone strikes in Pakistan, U.S. officials said.
The carve-out would allow the CIA to continue pounding al-Qaeda and Taliban targets for a year or more before the agency is forced to comply with more stringent rules spelled out in a classified document that officials have described as a counterterrorism “playbook.”
The document, which is expected to be submitted to President Obama for final approval within weeks, marks the culmination of a year-long effort by the White House to codify its counterterrorism policies and create a guide for lethal operations through Obama’s second term.
A senior U.S. official involved in drafting the document said that a few issues remain unresolved but described them as minor. The senior U.S. official said the playbook “will be done shortly.”
The adoption of a formal guide to targeted killing marks a significant — and to some uncomfortable — milestone: the institutionalization of a practice that would have seemed anathema to many before the Sept. 11 , 2001, terrorist attacks.
Among the subjects covered in the playbook are the process for adding names to kill lists, the legal principles that govern when U.S. citizens can be targeted overseas and the sequence of approvals required when the CIA or U.S. military conducts drone strikes outside war zones.
U.S. officials said the effort to draft the playbook was nearly derailed late last year by disagreements among the State Department, the CIA and the Pentagon on the criteria for lethal strikes and other issues. Granting the CIA a temporary exemption for its Pakistan operations was described as a compromise that allowed officials to move forward with other parts of the playbook.
The decision to allow the CIA strikes to continue was driven in part by concern that the window for weakening al-Qaeda and the Taliban in Pakistan is beginning to close, with plans to pull most U.S. troops out of neighboring Afghanistan over the next two years. CIA drones are flown out of bases in Afghanistan.
“There’s a sense that you put the pedal to the metal now, especially given the impending” withdrawal, said a former U.S. official involved in discussions of the playbook. The CIA exception is expected to be in effect for “less than two years but more than one,” the former official said, although he noted that any decision to close the carve-out “will undoubtedly be predicated on facts on the ground.”
The former official and other current and former officials interviewed for this article spoke on the condition of anonymity because they were talking about ongoing sensitive matters.
Obama’s national security team agreed to the CIA compromise late last month during a meeting of the “principals committee,” comprising top national security officials, that was led by White House counterterrorism adviser John O. Brennan, who has since been nominated to serve as CIA director.
White House officials said the committee will review the document again before it is presented to the president. They stressed that it will not be in force until Obama has signed off on it. The CIA declined requests for comment.
The outcome reflects the administration’s struggle to resolve a fundamental conflict in its counterterrorism approach. Senior administration officials have expressed unease with the scale and autonomy of the CIA’s lethal mission in Pakistan. But they have been reluctant to alter the rules because of the drone campaign’s results.
The effort to create a playbook was initially disclosed last year by The Washington Post. Brennan’s aim in developing it, officials said at the time, was to impose more consistent and rigorous controls on counterterrorism programs that were largely ad-hoc in the aftermath of the Sept. 11 attacks.
Critics see the manual as a symbol of the extent to which the targeted killing program has become institutionalized, part of an apparatus being assembled by the Obama administration to sustain a seemingly permanent war.
The playbook is “a step in exactly the wrong direction, a further bureaucratization of the CIA’s paramilitary killing program” over the legal and moral objections of civil liberties groups, said Hina Shamsi, director of the American Civil Liberty Union’s National Security Project.
Some administration officials have also voiced concern about the duration of the drone campaign, which has spread from Pakistan to Yemen and Somalia where it involves both CIA and military strikes. In a recent speech before he stepped down as Pentagon general counsel, Jeh Johnson warned that “we must not accept the current conflict, and all that it entails, as the ‘new normal.’ ”