US Drones Fly Over Iran

Over the week-end, the Washington Post reported that the US is flying intelligence drones over suspected nuclear sites in Iran. The response from the government was, so say the least, confused. Three rather senior military officers denied it, and two other officials confirmed it, according to CNN. Since there is no way for both sets to be right, one might conclude that no overflights have happened on a vote of 3-2. If that appears confusing, that is nothing compared to the legal and political implications of such flights.

If the United States has overflown Iran without the permission of the Iranian government, it is violating Iranian airspace and, therefore, international law. The drones travel at an altitude of 30,000 feet (say 9+ kilometers for those who use a sensible measuring system), roughly the same altitude as a commercial jet. Under international law, the sovereignty of Iran extends not only on the ground but also straight up. Space, which is not under the sovereignty of any nation, begins quite arbitrarily at 100 kilometers. Consequently, Iran’s mullahs and their regime may decide what flies over Iran to that altitude.

A rather ingenious argument has surfaced on the web arguing a post 9-11 innovation in international law. Since the US is considered at war with Al Qaeda and those who would harbor it, the right of self-defense permits the US to engage in these intelligence activities. Article 51 of the UN Charter recognizes an inherent right to self-defense and so, the argument goes, this new world of terrorism permits such overflights to ensure the safety of the US.

This is not true at all. Imagine the reverse were to occur. Imagine that there are anti-mullah Iranians in the US (there are, and a lot of them live in Los Angeles to note just one place). And imagine that Iranian drones started flying over Long Beach, Anaheim and Malibu. Would anything the Iranian government says be accepted, including the right of self-defense?

The American government argues that the drones find things that spy satellites (which operate above 100 kilometers in altitude and therefore don’t violate anyone’s sovereignty) cannot. That is quite possible, but consider this: just what will happen if the Iranians shoot down a US drone? Seymour Hirsch, the journalist famous for reporting on My Lai and Abu Ghraib, has already said the Bush administration is plotting something against Iran for this summer. One hopes he is wrong, but these flights are certainly provocative, while their necessity is in doubt. The 9/11 Commission argued that human intelligence is sadly under-utilized by the US intelligence community. Such agents would be far more capable of revealing nuclear sites and capacities that drone aircraft. If indeed, merely gathering intelligence is the idea.

© Copyright 2005 by The Kensington Review, J. Myhre, Editor. No part of this publication may be reproduced without written consent.

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