Government threatened with legal challenge over 'secret kill policy'

The government's policy on targeted drone killings may face a High Court legal challenge.

The potential legal action, brought by the Green party's Caroline Lucas MP and Baroness Jenny Jones, follows David Cameron's announcement earlier this month that two British nationals had been killed by a UK drone in Syria.

The prime minister told the House of Commons that the victims of the attack were members of the terrorist group Islamic State of Iraq and the Levant (ISIL).

Lucas and Jones have written to Secretary of State for Defence Michael Fallon MP and the attorney general, Jeremy Wright MP, raising concerns that the government had failed to publish an adequate 'targeted killing policy'.

The two parliamentarians argue that the formulation and publication of such a policy is required under domestic and international law to ensure transparency, clarity, and accountability regarding the use of lethal force.

Lucas said she was bringing the case because parliament must ensure the government acts lawfully when countering terrorism. However, by refusing to publish the legal basis for the recent attacks, the MP for Brighton said the government had created a legality and accountability vacuum.

'We need to be able to determine whether the attacks - and what they signify in terms of government policy - meet the robust conditions set out in international and domestic law.'

Baroness Jones added: 'The government can't argue that they are defending British values of democracy and the rule of law if they suddenly invent a new "bomb to kill" policy which ignores all those democratic traditions and safeguards.'

Rosa Curling, from the human rights team at Leigh Day, who is representing Lucas and Jones, said the failure to publish a policy used for the killing of UK citizens abroad is unlawful.

'It is crucial our government's actions to counter terrorism are lawful and transparent. The government must allow its targeted killing policy to be properly scrutinised by the public, parliament, and the courts without further delay.'

The firm points to a lack of clarity and consistency from the government in their justification for the use of lethal force, which lawyers say raises serious concerns as to it lawfulness.

The potential threat to the UK posed by Junaid Hussain and Reyaad Khan has been described as 'potential', 'direct', 'likely', and 'imminent'.

Kat Craig, legal director at Reprieve, suggested that the UK government was headed down a dangerous path by following the secret and unaccountable drone strikes employed by the US administration.

'Parliament and the public deserve to know what is being done in their name. It is disappointing that MPs are having to turn to the courts to extract even the most basic information on a policy which the Prime Minister himself has described as a 'new departure' for the country,' she added.

The government has until 7 October 2015 to confirm whether it has a targeted killing policy and to confirm whether it will publish it without delay.

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD