The New York Times The New York Times International December 15, 2002  

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Bush Has Widened Authority of C.I.A. to Kill Terrorists

By JAMES RISEN and DAVID JOHNSTON

WASHINGTON, Dec. 14 — The Bush administration has prepared a list of terrorist leaders the Central Intelligence Agency is authorized to kill, if capture is impractical and civilian casualties can be minimized, senior military and intelligence officials said.

The previously undisclosed C.I.A. list includes key Qaeda leaders like Osama bin Laden and his chief deputy, Ayman al-Zawahiri, as well as other principal figures from Al Qaeda and affiliated terrorist groups, the officials said. The names of about two dozen terrorist leaders have recently been on the lethal-force list, officials said. "It's the worst of the worst," an official said.

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President Bush has provided written legal authority to the C.I.A. to hunt down and kill the terrorists without seeking further approval each time the agency is about to stage an operation. Some officials said the terrorist list was known as the "high-value target list." A spokesman for the White House declined to discuss the list or issues involving the use of lethal force against terrorists. A spokesman for the C.I.A. also declined to comment on the list.

Despite the authority given to the agency, Mr. Bush has not waived the executive order banning assassinations, officials said. The presidential authority to kill terrorists defines operatives of Al Qaeda as enemy combatants and thus legitimate targets for lethal force.

Mr. Bush issued a presidential finding last year, after the Sept. 11 attacks on New York and Washington, providing the basic executive and legal authority for the C.I.A. to either kill or capture terrorist leaders. Initially, the agency used that authority to hunt for Qaeda leaders in Afghanistan. That authority was the basis for the C.I.A.'s attempts to find and kill or capture Mr. Bin laden and other Qaeda leaders during the war in Afghanistan.

The creation of the secret list is part of the expanded C.I.A. effort to hunt and kill or capture Qaeda operatives far from traditional battlefields, in countries like Yemen.

The president is not legally required to approve each name added to the list, nor is the C.I.A. required to obtain presidential approval for specific attacks, although officials said Mr. Bush had been kept well informed about the agency's operations.

In November, the C.I.A. killed a Qaeda leader in a remote region of Yemen. A pilotless Predator aircraft operated by the agency fired a Hellfire antitank missile at a car in which Qaed Salim Sinan al-Harethi, also known as Abu Ali, was riding. Mr. Harethi and five other people, including one suspected Qaeda operative with United States citizenship, were killed in the attack.

Mr. Harethi, a key Al Qaeda leader in Yemen who is suspected of helping to plan the bombing of the American destroyer Cole in 2000, is believed to have been on the list of Qaeda leaders that the C.I.A. had been authorized to kill. After the Predator operation in Yemen, American officials said Mr. Bush was not required to approve the mission before the attack, nor was he specifically consulted.

Intelligence officials said the presidential finding authorizing the agency to kill terrorists was not limited to those on the list. The president has given broad authority to the C.I.A. to kill or capture operatives of Al Qaeda around the world, the officials said. But officials said the group's most senior leaders on the list were the agency's primary focus.

The list is updated periodically as the intelligence agency, in consultation with other counterterrorism agencies, adds new names or deletes those who are captured or killed, or when intelligence indicates the emergence of a new leader.

The precise criteria for adding someone to the list are unclear, although the evidence against each person must be clear and convincing, the officials said. The list contains the names of some of the same people who are on the Federal Bureau of Investigation's list of most wanted terror suspects, although the lists are prepared independently.

Officials said the C.I.A., working with the F.B.I., the military and foreign governments, will seek to capture terrorists when possible and bring them into custody.

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THREATS AND RESPONSES: SOUTHEAST ASIA; Indonesians Distrust Report By C.I.A. on Qaeda Suspect  (September 24, 2002)  $

RUMSFELD WEIGHS NEW COVERT ACTS BY MILITARY UNITS  (August 12, 2002)  $

World Briefing | Europe: Greece: Key Arrest In Terror Killings  (July 27, 2002) 

World Briefing | Europe: Greece: Arrest In Killing Of C.I.A. Chief  (July 26, 2002) 

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