National Security Archive Update, April 23, 2001

*Shoot Down in Peru: The Secret U.S. Debate over Intelligence Sharing in Peru
and Colombia*

<http://www.nsarchive.org/NSAEBB/NSAEBB44>

On Friday, April 20, 2001, a Peruvian Air Force jet, acting on intelligence
supplied by a U.S. intelligence plane, shot down a civilian aircraft that was
mistakenly suspected of being part of a drug trafficking operation.  An
American missionary and her infant daughter were killed in a hail of gunfire,
and the Bush administration immediately suspended all U.S. drug interdiction
flights over Peru.

The National Security Archive has obtained through the Freedom of Information
act declassified U.S. government documents pertaining to the policy debate
that arose after the governments of Peru and Colombia announced their
intention to use weapons against civilian aircraft suspected of carrying
illegal narcotics.  The current policy on the sharing of aerial tracking
intelligence with Peru and Colombia was formulated in 1994, but not without a
significant amount of debate within the Clinton administration, some of whom
warned that, �mistakes are likely to occur under any policy that contemplates
the use of weapons against civil aircraft in flight,� and that, �A shootdown
leading to the death of innocent persons would likely be a serious diplomatic
embarrassment for the United States.�

The debate resulted at first in the suspension of �real-time� aerial tracking
assistance with the two governments, but the suspension was soon lifted after
vigorous opposition from the State Department and especially from the
embassies in Lima and Bogot�.  The declassified documents featured in this
Electronic Briefing Book provide a revealing glimpse of the priorities that
Clinton administration officials weighed during this episode, and expose deep
interdepartmental divisions about the appropriateness of the U.S. response.

The administration ultimately decided that the best course of action was to
alter the existing U.S. law to allow U.S. aerial tracking data to be used in
operations against suspicious aircraft �if the President has determined that
such actions are necessary because of the threat posed by drugtrafficking
[sic] to the national security of that country and that the country has
appropriate procedures in place to protect innocent aircraft.�  This policy
did not seek a solution to the international legal problems raised by the
forcedown policy, but rather sought �to reduce the [United States
government�s] exposure to criticism that such assistance violates
international law.�

<http://www.nsarchive.org/NSAEBB/NSAEBB44>

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