At least one of the two Australian suspected Islamic militants killed in a US drone strike in Yemen late last year had spent time in a terrorist training camp.
The Department of Foreign Affairs confirmed on Wednesday that two Australian citizens had been killed in a counterterrorism operation but stressed the Australian government had no involvement in, or forewarning of, the attack.
The department gave no details, but it was reported that the pair were among five suspected al-Qaeda militants killed in a Predator drone strike in November – making them the first Australian deaths under Washington's controversial program.
One man was named as Christopher Harvard of Townsville. The other, a dual New Zealand national, went by the name Muslim bin John but fought under the name Abu Suhaib al-Australi.
New Zealand Prime Minister John Key said on Wednesday that his country's intelligence officials knew of Muslim bin John's militant connections for ''quite some time''.
He had been to ''some sort of terrorist training camp'', Mr Key said.
The US has long used drones to target key extremists in the Middle East and southern Asia, but the program has been expanded dramatically under the Obama administration – sparking controversy in the US and tensions with some countries in the region.
A counterterrorism official said the men were "foot soldiers" for al-Qaeda in the Arabian Peninsula, the extremist network's offshoot in Yemen and Saudi Arabia. The official added: ''There was a suggestion they were involved in kidnapping Westerners for ransom."
They were not the main target of the strike. Rather, the primary target was Abu Habib al-Yemeni, a senior militant who was close to the late al-Qaeda leader Osama bin Laden.
It is understood that US authorities informed the Australian government that Australians might have been "collateral damage" in the drone strike. The Australian Federal Police helped confirm the identity of the bodies by comparing DNA samples with samples from the men's families.
Harvard appeared on Australian counterterrorism officials' radar after he moved to Yemen in 2011. It is unclear when Muslim bin John came to their attention.
Mr Key added that it showed drone strikes were ''legitimate at certain times where countries are trying to contend with very dangerous situations''.
Fairfax Media asked both Prime Minister Tony Abbott's office and the Department of Foreign affairs whether Australia had any concerns about the legality of the strikes and had put any concerns to the US. Mr Abbott's office referred questions to Foreign Minister Julie Bishop. Ms Bishop's department had not responded by deadline on Wednesday.
Don Rothwell, an expert in international law at the Australian National University, said there had been fierce debate about the legality of the US drone program and whether it was a form of extra-judicial killing.
''From an international law perspective, aspects of the use of Predator drones remain controversial and the Obama administration has been under significant pressure over their continuing use of drones,'' he said.
According to media reports in November, the Predator drone hit the Toyota Hilux carrying the five men in Hadramout in eastern Yemen at 9am on Tuesday, November 19 last year. Local residents told Chinese news agency Xinhua that the vehicle was ''engulfed in flame''.
