New drone rules are a major step, but questions remain

By Daniel DePetris

Amid the drumbeat of news about the war in Ukraine and the rhetorical boxing match between the U.S. and Saudi Arabia over that Middle Eastern country’s oil production cut, a relatively big story has been buried in the headlines: The Biden administration has issued new rules on U.S. drone strikes against terrorist targets overseas.

According to The New York Times, the White House is tightening policies and procedures on a tactic that has been at the core of U.S. counterterrorism policy since shortly after the 9/11 attacks. The culmination of a policy review that lasted nearly two years, the procedures will grant the White House National Security Council more authority over who is considered worthy of targeting with direct action, with President Joe Biden making the final call. To be put on the so-called kill or capture list, the individual must be deemed a “continuing and imminent threat to U.S. persons,” per official guidance, which in effect compels U.S. national security agencies throughout the government to make the case to policymakers. A strike against an approved target can occur only if there is “near certainty” civilians won’t be killed or injured.

The new rules, which essentially codify the interim guidelines the Biden administration put into effect in January 2021, don’t apply to Iraq and Syria, where approximately 3,500 U.S. troops remain. Washington continues to view Iraq and Syria as areas of active hostilities, where looser targeting procedures apply.

This piece was originally published in The Chicago Tribune on October 17, 2022. Read more HERE.