In an editorial this morning, the Washington Post sums up the legal and political problems with a continuing war based on “kill lists,” then concludes with its recommendations for greater transparency and accountability :
“Drone strikes should be carried out by military forces rather than by the CIA; as with other military activities, they should be publicly disclosed and subject to congressional review. The process and criteria for adding names to kill lists in non-battlefield zones should be disclosed and authorized by Congress — just like the rules for military detention and interrogation. Before operations begin in a country, the administration should, as with other military operations, consult with Congress and, if possible, seek a vote of authorization. It should seek open agreements with host countries and other allies.
“There may be cases where the president must act immediately against an imminent threat to the country, perhaps from an unexpected place. But to institutionalize a secret process of conducting covert drone strikes against militants across the world is contrary to U.S. interests and ultimately unsustainable.”